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Program Description

Termination of an Employee: Avoiding Litigation



Provided By: New York City Bar

Approved for CLE credit in: AK,AZ,CA,ME,MO,ND,NJ,NY,WV

When terminating an employee, what can an employer do to avoid litigation (or at least reduce its risks)? This panel will include employment lawyers (defense, plaintiff and in-house) as well as a human resources executive. It will explore the procedures that should be followed in terminating employees, separation agreements, special considerations for reductions in force and the various claims available to terminated employees. A particular focal point will be steps that can be taken to reduce the risk of a successful retaliation claim. This program is a must for employment lawyers, litigation attorneys, in-house counsel, mediators and arbitrators, human resource personnel and managers.

This program was recorded on December 4th, 2008.

  • Introduction
  • Termination Process
  • Separation Agreements
  • Wrongful Termination Actions
  • Reduction In Force/Plant Closings
  • Questions & Answers

    This program was recorded on December 4th, 2008.

  • CLE Credit Information

    Click on the state abbreviation to find the CLE Credit Information for your state.

    This program is has been approved for credit in AK,AZ,CA,ME,MO,ND,NJ,NY,WV

    Experienced attorneys only (non-transitional)

    Similar Programs

    No related programs information available.

    Panelist Biographies

    Jonathan Ben-Asher

    Ritz Clark & Ben-Asher LLP

    Jonathan Ben-Asher is a partner in Ritz Clark & Ben-Asher LLP in New York. He represents executives, professionals and other employees in employment disputes, including those involving employment contracts, executive compensation, whistleblowing, retaliation and employment discrimination. He also has particular expertise in disputes concerning executive compensation in the financial services sector, Sarbanes-Oxley whistleblowing cases, and cases under the False Claims (Qui Tam) Act and Dodd-Frank Act. Jonathan is former Chair of the New York State Bar Association’s Labor and Employment Section (2013-14). He has also held numerous leadership positions in the American Bar Association’s Section of Labor and Employment Law, in which he is a member of the Section's governing Council. He has been Chair of the Section's CLE / Meetings and Institutes Committee; Employee Chair of the Section’s Employment Rights and Responsibilities Committee; Employee Chair of the Section’s Sixth Annual CLE Conference (2012), and Employee Chair of the Employment Rights and Responsibilities Committee’s Contracts and Executive Compensation Subcommittee. Jonathan was formerly Vice President of the National Employment Lawyers Association / New York, and a member of its Executive Board. He is a member of the Advisory Board of the New York University School of Law Center for Labor and Employment Law. Jonathan is a fellow of the College of Labor and Employment Lawyers. He is AV rated by Martindale-Hubbell, and has repeatedly been named as a New York Super Lawyer and one of the Best Lawyers in America and in the New York Area. He is a frequent speaker on employment law issues for professional groups, including the American Bar Association, New York State Bar Association, New York City Bar Association, and Workshop on Employment Law for Federal Judges of the NYU School of Law Center for Labor and Employment Law, and the Practising Law Institute. He has been quoted on employment law issues in the New York Times and National Law Journal. He received his J.D. from New York University School of Law (1980) and his B.A. from Columbia University (1974).

    Rebecca E. White

    Managing Director and Head of the Employment Law Group
    UBS Investment Bank

    Rebecca E. White is a Managing Director and Head of the Employment Law Group at UBS Investment Bank in Stamford, Connecticut. She supervises the Investment Bank's employment lawyers in the Americas and heads the Global Business team of UBS TB employment lawyers located in Continental Europe, the United Kingdom and Asia. She joined the former Union Bank of Switzerland in 1997 as Head of Litigation and Internal Investigations. Ms. White counsels senior UBS management and Human Resources on a broad range of employment and litigation matters including hiring and reductions in force, discrimination, contract negotiations for senior hires, restrictive covenants, Affirmative Action, HR policies and procedures and internal investigations. She represents UBS in employment related litigation in federal and state courts, before administrative agencies and in arbitration. She is also actively involved in UBS IB's diversity initiatives and is counsel to UBS Investment Bank's Executive Diversity Committee, Head of the Legal and Compliance Departments' Global Diversity Committee and runs the Legal Department's Diversity Summer Internship Program. She is also a member of the Association of the Bar of the City of New York's Committee to Enhance Diversity. Before joining UBS in 1997, Ms. White was a litigation partner in the New York office of Loeb & Loeb LLP, a national law firm where she litigated complex commercial, banking, securities and white collar criminal cases, as well as employment discrimination and employee non-competition and bonus matters. Ms. White was educated in the United Kingdom and then received her law degree in the U.S. from the Benjamin N. Cardozo School of Law (Yeshiva University) in 1988. Ms. White frequently conducts training and lectures on US employment law, conducting internal investigations, SOX whistleblower claims and international employment law issues faced by global films.

    Lloyd B. Chinn

    Proskauer Rose

    Lloyd B. Chinn is a Partner in the Labor & Employment Law Department and co-head of the Whistleblowing & Retaliation Group. He litigates employment disputes of all types before federal and state courts, arbitration tribunals (e.g., FINRA, JAMS and AAA), and before administrative agencies in New York and across the country. Lloyd's practice ranges from litigating compensation disputes to defending whistleblower, discrimination and sexual harassment claims. Although he represents employers in a wide range of industries, including law, insurance, health care, consulting, media, education and technology, he focuses a substantial portion of his practice on the financial services sector. He has tried to final verdict or arbitration award substantial disputes in this area. Lloyd has represented global businesses in matters involving Sarbanes-Oxley and Dodd-Frank whistleblower claims. He has taken an active role in the American Bar Association on these issues, currently serving as Whistleblower Track Coordinator for the November 2014 ABA Annual Employment Law Conference to be held in Los Angeles and as Co-Chair of the Whistleblower subcommittee of the ABA Employee Rights and Responsibilities Committee. He has testified twice before Congressional subcommittees regarding whistleblower legislation and has also published blog postings, articles and client alerts on a variety of topics in this area, including the Dodd-Frank Act’s whistleblower provisions. In addition, Lloyd is a co-editor of Proskauer’s Whistleblower Defense Blog, and he has been widely quoted by on whistleblower topics by a number of publications, including the New York Times, the Wall Street Journal, the National Law Journal and Law 360.

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    Termination of an Employee: Avoiding Litigation



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