One of the greatest challenges for labor and employment attorneys is managing poor-performing employees who complain of discrimination, harassment, or other unlawful activities in the workplace. Disciplining and discharging such employees opens the door to costly retaliation claims, but failing to do so can destroy employee morale and teach coworkers that the easiest way to avoid accountability is to file a frivolous claim with human resources. This session will give both in-house and outside counsel the tools necessary to address these employees..

• Learn how the EEOC and Wisconsin Equal Rights Division view workplace complaints, including the requirement that opposition be based on a "reasonable good faith belief" and the rule that complaints do not insulate employees from otherwise legitimate discipline
• Examine recent case law to determine the key issues courts look at when deciding whether a termination is retaliatory or in violation of a whistleblower law
• Receive a checklist of items to consider before imposing discipline on complaining employees
Work step-by-step through a hypothetical case showing potential consequences of various approaches