Employer Resource Institute Webinar

Originally presented on December 13, 2010

Order Option       Price   CD Recording Only       $127

There are times when discipline or termination of a workers' comp claimant is warranted, just as it would be for any other worker. But you're walking into a powder keg if you underestimate the legal risks involved.

Once cleared to return to work, a workers' comp claimant may request a light-duty accommodation, which could trigger ADA protections. You're also dealing with potential FMLA leave issues, as well as job restoration rights provided by California's workers' comp law. And don't forget about possible exceptions to the at-will doctrine. One false move and you could find yourself in a heap of legal trouble.

Join us on December 13 for an in-depth 90-minute interactive webinar—specifically for California employers—all about disciplining and terminating workers who are out on workers' comp or have returned to work. Our expert—an experienced workers' comp attorney—will explain how to reduce your legal risks so you can walk this legal tightrope without fear of catastrophe. You'll learn:

• When to consider discipline or termination—and when to hold off
• Hot-button exceptions under disability discrimination laws
• How to document your actions in a legally defensible way
• When an injury may constitute a disability under federal law, and the type of light-duty or other accommodations you must provide so a worker can return to work
• The interplay between FMLA, ADA, and California workers' comp leave laws, including how long you must hold open an injured worker's position and your job-restoration obligations
• The steps you should always take—and the documentation to have on hand—so your actions don't spark a viable retaliation claim
• How to tell if adverse action is appropriate when the worker's negligence caused the injury, and if you can refuse accommodation based on the cause of the disability
• What you can legally do once a claimant who reaches maximum medical improvement isn't able to return to work, with or without medical restrictions, or if he or she refuses to attend vocational rehabilitation
• How the at-will employment doctrine and the many exceptions created by the courts may affect your right to terminate a workers' comp claimant
• What impact union contracts may have on your discipline and termination game plan

About Your Speaker:

David Schmit, Esq. is the founder of Schmit Law in Oakland, California. Schmit represents employers' interests in state and federal courts and administrative forums in workers' compensation matters, including workers' compensation, the longshore and harbor act, maritime and civil personal injury law, and wrongful termination cases. He is a frequent lecturer with organizations such as Industrial Claims Association, the Oakland Chamber of Commerce and the Insurance Education Association. Schmit was a coauthor of the Longshore Text Book.

This program has been approved for 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). This program is also a California-specific continuing education activity for PHR-CA and SPHR-CA recertification. For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI's criteria to be pre-approved for recertification credit.

This program qualifies for Continuance of Certification (COC) credit for CSPs, who will earn 0.05 COC points for attending this webinar.

Bonus Offer

As an additional benefit, you will receive a no-risk trial subscription to Cal/OSHA Compliance Advisor when you register for this webinar (or purchase a CD recording). You will receive 3 evaluation issues. If you want to continue to receive the newsletter, simply pay the invoice you will receive in the mail. If you decide the newsletter isn't for you, just write cancel on the invoice and return it. You will owe nothing, and all issues you receive are yours to keep. As with all ERI products, your satisfaction is guaranteed 100%. (Offer good for new subscribers only.)

How Do Webinars Work?

A webinar is remarkably cost-effective and convenient. You participate from your office, using a regular telephone and a computer with an Internet connection. You have no travel costs and no out-of-office time.

Plus, for one low price, you can get as many people in your office to participate as you can fit around a speakerphone and a computer screen.

Because the conference is live, you can ask the speakers questions - either on the phone or via the webinar interface.

You will receive access instructions via e-mail three days before the event and the morning of the event. Your conference materials will be included in these emails for you to view, print, and download prior to the event. They are also available on the webinar interface when you log in.

If you are ordering online the morning of the webinar please call our Customer Service Department at 1-800-727-5257 to be sure to get your access instructions and handout materials.

Why You Can Sign Up To Attend This Event with Confidence

As with all Employer Resource Institute products and events, you're completely protected. If for any reason you are unsatisfied with this webinar, simply let us know and we will return your entire registration fee.