Conducted by a forensic psychologist, private investigator, and CEO of an employee relations consulting firm, this one-day virtual seminar/boot camp will cover just about every angle of employee misconduct and show you how to handle it in an efficient and effective way. From the technically-savvy-but-interpersonally-clueless manager to the potentially violent employee – and everything in-between – this webinar will help you navigate employment laws and psychological traps that can escalate an already-difficult situation.

1. The Employee Misconduct Boot Camp: the Psychology and
Law of Managing Difficult Behavior
January 25, Tuesday 11:00 AM EST | 6:30 PM EST
Why Should You Attend:
Drug abuse. Harassment. Threats. Insubordination. These are just a few of the nightmares that keep HR professionals
awake at night. If these are the kinds of employee problems that are haunting you, we promise this webinar will help
you get a better night’s sleep!
Conducted by a forensic psychologist, private investigator, and CEO of an employee relations consulting firm, this
one-day virtual seminar/boot camp will cover just about every angle of employee misconduct and show you how to
handle it in an efficient and effective way. From the technically-savvy-but-interpersonally-clueless manager to the
potentially violent employee – and everything in-between – this webinar will help you navigate employment laws and
psychological traps that can escalate an already-difficult situation.
Date: January 25, Tuesday 2010
Time: 11:00 AM EST | 6:30 PM EST
Duration: 6 hrs
Instructor: Dr. Joni E Johnston
Location: Your office or conference room (no need to travel!)
Register Now
Areas Covered in the Seminar: Dr. Joni E Johnston
• Workplace Violence.
• Drug Use, Mental Illness and the ADA.
• Curbing FMLA Abuse: How to Manage Manipulative Employees.
• Dealing with employees who have been charged with a crime.
• How to Counsel and Discipline the Interpersonally-Challenged Employee.
• Harassment/Discrimination.
Workplace Violence
o What you Can Do to Prevent Violence in your Workplace
o Learn to Recognize the Warning Signs of Workplace Violence
o Learn our 5-Step Method for Protecting your Workplace from Violence
o Understand what Workplace Violence Really Is
o Recognize the Resources You Have in your Workplace to Avoid Violence
o Learn What your Emergency Plan Should Include
o Learn Methods to Make Your Workplace Safer
o Learn About Theories of Legal Liability that a Plaintiff’s Attorney Will Use
o Learn What Your Workplace Violence Policy Should Include

2. Drug Use, Mental Illness and the ADA
o ADA Overview
o People Protected Under the ADA
o Definition of Disability
o Reasonable Accommodation
o Definition of Disability as Applied to Users of Drugs and Alcoholics
o Recovering Drug Addicts vs. Casual Drug Users
o Exclusion of Current Use
o Reasonable Accommodation
o Blaming Misconduct on Drug Use and Alcoholism
o Reasonable Accommodation for Drug Addicts and Alcoholics
o Workplace Rules and Strategies
o Recommended Policies
o When to Approach an Employee Who May Have a Problem
o Strategies for Dealing With Employees Who Come Forward With Addictions
o When absences caused by mental conditions or substance abuse qualify for FMLA protection
o Certifying FMLA leave for mental health or substance abuse when the employee doesn’t ask for it
o Avoiding regarding an employee as disabled in violation of the ADA
o When an interactive process is required or allowed under the ADA
o How communications with family members should be handled
o Case Studies
Curbing FMLA Abuse: How to Manage Manipulative Employees
o Knowing the Employer's Rights Under FMLA
o What Notices You Can Require of Employees
o Requiring Certification and Recertification
o Requiring Second and Third Opinions
o Strategies for Using FMLA Tools to Curb Abuse
o Examples of Abuse and Responses
o Potential Pitfalls of Various Responses
o Ensuring Employees That FMLA Cannot Be Abused in Your Workforce
o Applying Rules Consistently
o Notifying Employees of Their Obligations
Dealing with employees who have been charged with a crime
o Drafting Policies and Procedures to Address Situations Where Information Is Garnered About an Employee's
Arrest
o Steps That Employers Should Take Before Implementing Any Discipline Against an Employee Who Is
Charged With a Crime
o Available Disciplinary Measures and Any Applicable Legal Limits on Implementing Such Discipline
o Practical Considerations for Evaluating Such Situations and Assessing the Potential Damage to Your Business
From Allowing an Arrested or Charged Employee to Return to Work
o Legal Difference Between a Felony and Misdemeanor, and the Impact This Difference Should Have in Assess-
ing Potential Discipline Against an Arrested or Charged Party
o Potential for Legal Action Arising From Actions Taken by an Employer Against an Arrested Employee Who Has
yet Been Convicted of a Crime

3. Curbing FMLA Abuse: How to Manage Manipulative Employees
o How to manage performance issues that aren't a clear violation of disciplinary policy - and that can't be as
easily measured as attendance or meeting deadlines?Identify the difference between systemic conflict and personality
conflict - and why it is vitally important to know the difference
o Know what you want the person to DO - not what you want them to BE
o Utilize five different ways to handle a conflict - including sample language and talking points
o How to encourage the conflict participants to come to their own solutions
o Use Performance Improvement Plans vs discipline: what's the role of each and when to use each one
o Identify and write soft skills behaviors and objectives that help the person be successful - yet provides clear
documentation in case they can't
Harassment/Discrimination
o How the ADA Amendments Act impacts discrimination complaints
o Terminations: how to avoid the top 5 causes of discrimination lawsuits
o How to avoid claims of religious bias
o How legal trends will impact your mandatory harassment training for 2011
o What you need to know to legally manage an aging workforce
o How to deal with unprofessional behavior (bullying, swearing, etc.) that isn’t necessarily illegal but create legal
risk and demoralizes those exposed to it
Who Will Benefit:
• Owners and managers of small businesses
• HR professionals
• Managers
• Supervisors
• Employee Relations Professionals
• HR Administrators
Instructor Profile:
Scott Silverman has counseled management in all aspects of labor and employment for over 15 years. Scott's broad
range of experience includes representation of employers in administrative proceedings, federal and state court
litigation, and arbitrations. Although he has handled a range of labor and employment issues in his career, Scott's
practice has emphasized labor management relations, employment discrimination, non-compete/trade secret, wage
and hour, and workers' compensation retaliation claims. As a complement to his litigation practice, Scott advises
employers on day-to-day employment issues and drafts manuals and contracts for his clients. Scott frequently lectures
and publishes articles on current developments in labor and employment law.
Registration Information:
* Register Online. Use your American Express, Visa or MasterCard.
* For more than one attendee get 20% off on the price of additional attendee.
* Get your group to attend the webinar at a discounted price call +1- 650-620-3937.
* Call +1 - 650-620-3937 or Fax your PO: 650-963-2556.
* Mail your check to: ComplianceOnline (MetricStream, Inc), 2600 E. Bayshore Road, Palo Alto, CA 94303.
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