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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

    Beranbaum Menken Ben-Asher & Bierman

    Co-Editor, Newsletter of the ABA's Section of Labor and Employment Law, Committee on Employment Rights and Responsibilities, 1996-2002. Editor, New York Employee Advocate (National Employment Lawyers Association/New York), 1998-2004. Author: "Representing Whistleblowers in Sarbanes-Oxley Cases," American Bar Association Section of Labor and Employment Law Annual CLE Conference, November, 2007; "Whistleblower Cases Under Sarbanes-Oxley: 2006 Update," New York State Bar Association, January, 2006; "Wrongful Termination Actions" and "Negotiating Severance Agreements," in "Termination of an Employee", Association of the Bar of the City of New York, November, 2005, September, 2006, September, 2007; "Negotiating Severance Agreements," New York County Lawyers Association, May, 2005; "What to Do When the Whistle Blows or How to Blow It: Sarbanes-Oxley's Dilemmas and Protection for Lawyers," American Bar Association Annual Meeting, August, 2003; "Representing Whistleblowers Under Sarbanes-Oxley," National Employment Lawyers Association Annual Convention, 2004; "Whistleblower Protections under the Sarbanes-Oxley Act", New York Law Journal, October 23, 2002; "What Works and Doesn't Work in the Mediation of Employment Claims," New York State Bar Association, October, 2005; "Age Discrimination," Basic Elder Law, Practicing Law Institute, 1998, 2000; "Arbitration of Employment Claims - An Overview," August 2001, 2002 and "The Family and Medical Leave Act," Basic Employment Rights and Responsibilities, American Bar Association, August 2001; "Employee Leave for Military Service" and "The EEOC After September 11th," The Aftermath of September 11th: Emerging Issues in Labor and Employment Law, New York State Bar Association, January, 2002; "Counseling Current Employees," National Employment Lawyers Association Annual Convention, 2006; "Discovery of a Plaintiff's Therapy Records in Litigation of Emotional Distress Claims: From the Couch to Counsel Table and Back," Employee Rights and Responsibilities Newsletter, American Bar Association, Summer, 1997; "Case and Client Evaluation and Agency Practice," How to Handle an Employment Discrimination Case, New York County Lawyers Association, June, 2001, June, 2002, June 2005; "In-house ADR Programs: Do They Work? Are They Fair? What Would Improve Them?", New York State Bar Association, January, 2007; "Changes in Federal Rules Alter Discovery Landscape in Employment Cases," The New York Employee Advocate, National Employment Lawyers Association/New York, February, 2001; "Fisher Redux: Pretext Plus What?" The New York Employee Advocate, National Employment Lawyers Association/New York, November/December, 1999. Clinical Associate Professor of Law, Benjamin N. Cardozo School of Law, 1989-1996. Faculty, Benjamin N. Cardozo School of Law Intensive Trial Advocacy Program, 1991-1992, 1994-1995. Assistant Attorney General, Labor Bureau, Attorney General of the State of New York, 1988-1989. Staff Attorney: Legal Aid Society, Civil Division, New York, 1980-1988; Civil Appeals & Law Reform Unit, 1985-1986. Fellow: College of Labor and Employment Lawyers, (2006¿ ). Fellow: Reginald Heber Smith Community Lawyer Fellowship Program, 1980-1982.

    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

    Labor and Employment Attorney
    Proskauer Rose

    Lloyd B. Chinn is a partner in Proskauer Rose's labor and employment law department. His litigation practice ranges from litigating compensation disputes to defending whistleblower, discrimination and sexual harassment claims. He is co-head of the firms financial services employment group. He advises clients regarding the full range of employment matters, including terminations, reductions-in-force, discipline, employment agreements and employment policies. He has conducted internal investigations of allegations of workplace misconduct, including investigations of such claims leveled against high-level executives. He has represented employers in a wide range of industries, including financial services, insurance, health care, consulting, media, education, and technology. Mr. Chinn has developed an extensive knowledge of the legal issues surrounding electronic discovery and is frequently called upon to counsel clients on this challenging topic. Mr. Chinn is a member of the ABA Labor and Employment Law and Litigation Sections, and Employment Rights and Responsibilities Committee.

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    Termination of an Employee: Avoiding Litigation



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