In episode 197, Coffey talks with Adam Dougherty about angry ex-employees and new ways to get sued.
They discuss managing post-termination communications from angry ex-employees; responding to threats of litigation; the importance of good people practices when faced with litigation threats; new causes of discrimination claims following last year’s Supreme Court Muldrow v. City of St. Louis decision; and the wisdom of always assuming a decision that doesn’t go an employees way may constitute an "adverse employment action.”
Links to stuff they talked about are on our website at https://goodmorninghr.com/EP197 and include the following topics:
- Evil HR Lady: Former Employee Threatens Lawsuit. How should HR respond?
- Bloomberg Law: Justices’ New Bias Test Puts Performance Reviews in Legal Bind
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If you are an HRCI or SHRM-certified professional, this episode of Good Morning, HR has been pre-approved for half a recertification credit. To obtain the recertification information for this episode, visit https://goodmorninghr.com.
About our Guest:
Adam Dougherty is board certified in labor and employment law by the Texas Board of Legal Specialization.
Adam counsels employers throughout Texas and the United States on a daily basis concerning a multitude of cutting edge and high stakes employment advice matters including terminations disciplinary actions and leave and accommodation issues
Adam also regularly prepares handbooks personnel policies noncompete agreements employment agreements and complex separation agreements In addition to litigating in state and federal courts and arbitration proceedings on various discrimination FLSA and noncompete matters he also regularly appears before the Equal Employment Opportunity Commission EEOC US Department of Labor DOL and various state agencies Adam also conducts antiharassment and antidiscrimination training and workplace investigations.
In addition to representing companies all across the state of Texas Adam also maintains a national and international practice representing companies operating in each of the states and across the globe In light of his unique experience representing multi state employers he serves on the Steering Committee of the firm’s Multistate Advice and Counseling Practice Group.
Adam is cocreator along with Sean Urich of “Monthly Conversations with Adam and Sean” an interactive employment law briefing held regularly in Dallas for legal and HR professionals The briefings are also broadcast live to a national and international audience See recent topics and other presentations in “Speeches” below.
Adam is a volunteer with DallasHR and has also served as the Co-President of the Shelton School Dads’ Group the past president of the University of Arkansas School of Law’s National Alumni Association and as a coach of his daughters’ basketball and softball teams.
Adam Dougherty can be reached at https://www.linkedin.com/in/adam-dougherty-6946aa2/
About Mike Coffey:
Mike Coffey is an entrepreneur, licensed private investigator, business strategist, HR consultant, and registered yoga teacher.
In 1999, he founded Imperative, a background investigations and due diligence firm helping risk-averse clients make well-informed decisions about the people they involve in their business.
Imperative delivers in-depth employment background investigations, know-your-customer and anti-money laundering compliance, and due diligence investigations to more than 300 risk-averse corporate clients across the US, and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.
Imperative has been named a Best Places to Work, the Texas Association of Business’ small business of the year, and is accredited by the Professional Background Screening Association.
Mike shares his insight from 25+ years of HR-entrepreneurship on the Good Morning, HR podcast, where each week he talks to business leaders about bringing people together to create value for customers, shareholders, and community.
Mike has been recognized as an Entrepreneur of Excellence by FW, Inc. and has twice been recognized as the North Texas HR Professional of the Year.
Mike serves as a board member of a number of organizations, including the Texas State Council, where he serves Texas’ 31 SHRM chapters as State Director-Elect; Workforce Solutions for Tarrant County; the Texas Association of Business; and the Fort Worth Chamber of Commerce, where he is chair of the Talent Committee.
Mike is a certified Senior Professional in Human Resources (SPHR) through the HR Certification Institute and a SHRM Senior Certified Professional (SHRM-SCP). He is also a Yoga Alliance registered yoga teacher (RYT-200) and teaches multiple times each week.
Mike and his very patient wife of 28 years are empty nesters in Fort Worth.
Learning Objectives:
1. Implement proper communication protocols when terminated employees threaten litigation, including directing all communications to one person and preserving relevant documentation.
2. Document performance improvement plans thoroughly and follow through on scheduled check-ins to avoid undermining the company's position in potential litigation.
3. Anticipate more claims under the expanded definition of "adverse employment action" following the Muldrow decision by carefully reviewing workplace decisions that might affect employee status or opportunities.