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It's the Law™: The Legal Side of Management

Managing Legal & Compliance Risk

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How Do We Get Employment Law Right?

Managers today are expected to do more than just supervise daily work activity. They are also legally obligated to understand and enforce company employment policies and procedures to reduce the chance of discrimination and lawsuits.

"It's the Law™" uses a variety of workplace scenarios to illustrate that taking critical precautions and having a clear understanding of the law will minimize employment discrimination and maximize equal employment opportunity.

How should employers evaluate performance and apply progressive discipline in compliance with the law?

They should carefully provide timely feedback and opportunities for improvement through progressive discipline when necessary. Termination should be based on lawful reasons, such as business changes, misconduct, unsatisfactory performance, or attendance issues, supported by a solid paper trail. Following these steps can help avoid legal challenges and ensure fair treatment of employees.

Evaluating Performance & Progressive Discipline

Summary: It should be used to address performance and conduct issues, following a fair and non-discriminatory process. Proper documentation and clear communication are crucial in evaluation and corrective actions.

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How can workplace harassment be identified and prevented?

It can take many forms, such as verbal, physical, visual, or electronic. In order to prevent unlawful behaviors it is essential for organizations to have written policies, educate their workforce, and swiftly address and rectify any complaints of misconduct.

Illegal Harassment

Summary:  Two coworkers are playing a prank on their female colleague in a warehouse that previously only employed men. What might seem like a prank could be perceived as harassment, especially if it's unwelcome or makes the person uncomfortable.

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What is the acceptable criteria for Family and Medical Leave Act (FMLA) leave?

FMLA provides protected leave for eligible employees for various family and medical reasons. Employers have specific responsibilities in notifying employees of their FMLA rights and tracking the use of FMLA time. It's important for both employees and employers to seek guidance when dealing with FMLA situations to avoid violations.

The Family & Medical Leave Act

Summary: The FMLA helps employees balance work and personal life. It covers eligibility, reasons for leave, duration of leave, pay during leave, return to work rights, and employer responsibilities. The responsible handling of FMLA avoids violations and ensure proper leave management.

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Scenarios Covered In This Program

  • Discrimination in Promotions
  • Handling Harassment Complaints
  • Navigating FMLA and ADA Accommodations
  • Addressing Retaliation Claims
  • Conducting Lawful Terminations
  • Managing Diversity and Inclusion
  • Recruiting and Hiring Legally
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Key Benefits for Trainees

  • Enhanced Legal Understanding: Gain a thorough grasp of employment laws and how they apply to managerial decisions.
  • Risk Reduction: Learn strategies to reduce the likelihood of legal disputes and litigation.
  • Improved Decision-Making: Develop the ability to make informed, fair, and legally sound decisions.
  • Enhanced Communication: The ability to communicate complex legal concepts clearly and effectively to team members.
  • Cultural Competence: Foster an inclusive workplace by understanding the legal protections for diverse employee groups.
  • Leadership Development: Strengthen leadership capabilities with a focus on legal responsibilities and ethical management.

Competencies Covered

  • Legal Acumen: Understanding of key employment laws and their application.
  • Risk Mitigation: Skills to identify potential legal issues and implement strategies to mitigate these risks.
  • Conflict Resolution: Skills to resolve disputes and mitigate legal risks.
  • Effective Communication: Enhanced ability to communicate policies, procedures, and legal concepts to a team.
  • Strategic Planning: Competence in planning ahead to prevent legal issues.
  • Cultural Competency: An understanding of inclusion & belonging in the workplace and its legal implications.
  • Problem-Solving: Proficiency in resolving conflicts and employee issues in a legally sound manner.
competences

Frequently Asked Questions

What core legal concepts does the program cover?

It addresses areas such as the Americans with Disabilities Act, Discrimination and Harassment, Recruiting and Hiring, Progressive Discipline and Termination, Equal Employment, the Family & Medical Leave Act, and Retaliation.

How does the program benefit managers and supervisors?

It turns them into a front-line defense against litigation by providing practical knowledge on critical legal issues and decision-making processes.

Can the program help prevent lawsuits?

Yes, by educating managers on the legalities of key workplace issues, it helps ensure their decisions do not lead to legal disputes or issues.

Is the content readily understood by those without a legal background?

Absolutely! The program uses everyday language and real-world solutions to make complex legal concepts easier to understand.

What practical exercises are included in the program?

The program includes case studies, role-playing scenarios, and interactive discussions to reinforce learning.

What should a manager do if faced with a discrimination claim during promotions?

Review the process, ensure fairness, and address the complaint promptly.

What is the duration of the training program?

The program is designed to be flexible (1 to 3 hours), with modules that can be spread out over several training sessions.

Can the program be scaled for different-sized organizations?

Yes. The program is scalable and can be adapted for various group sizes by adjusting the depth of content, the number of scenarios covered, and the facilitation methods used.

Who should attend this training?

It's ideal for all employees and staff - including: team leaders, managers, executives and any staff members involved in day-to-day interactions with employees and team members.

What if I don't have a training program for managing legal risk?

Without a training program for managing legal risk, organizations may face various challenges.

Here are some of the risks that may arise:

  • Regulatory Penalties: Failure to comply with employment laws can result in fines and penalties from regulatory bodies.
  • Increased Litigation: Managers untrained in legal compliance may inadvertently violate laws, leading to costly employee lawsuits.
  • Reputation Damage: Legal issues can harm an organization's reputation, affecting customer trust and market position.
  • Financial Loss: Legal disputes can be costly due to legal fees, settlements, and potential damages awarded to plaintiffs.
  • Operational Disruption: Legal proceedings can distract management from core business activities, impacting productivity.
  • Poor Documentation Practices: Managers might fail to document important employment decisions, making it difficult to defend against claims.
what will happen

Program Options & Available Formats

FORMATS

Streaming Video

Interactive eLearning

USB Key

Library License

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RUNTIME

Video Length: 44 Minutes
Program Option: 2-Hour Instructor-Led Sessions

MATERIALS INCLUDED

Leader's Guide, Self-Study Guide, Assessment, Workshop Presentation

LANGUAGES

English, Spanish

TARGET AUDIENCE

Team Leaders, Managers,
HR Professionals, Business Owners

 

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