- videocam Live Webinar with Live Q&A
- calendar_month July 29, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Employment and Workers Comp
- schedule 90 minutes
Performance and Termination Decisions Under FMLA, ADA, and Other Employment Leave Laws
Avoiding Retaliation Claims and Litigation When Disciplining or Discharging Employees on Protected Leave
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About the Course
Introduction
This CLE webinar will prepare employment counsel to navigate difficult performance and termination decisions that arise while an employee is on job-protected leave. The panel will outline an employer's obligations under the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and other leave protection laws, as well as best practices for documenting performance issues and disciplinary actions and avoiding retaliation claims.
Description
Terminating or disciplining an employee for performance or disciplinary reasons is difficult under the best of circumstances. Terminating or disciplining an employee who is on leave adds layers of complexity and potentially can expose an employer to costly claims and lawsuits for interference, failure to accommodate, or retaliation.
The FMLA, ADA, and analogous state and local statutes may protect employees who need to take time off from work because of medical, disability, or family issues. In addition, disciplining or discharging an employee who is on leave or recently returned from leave may present retaliation risks.
Listen as our experienced panel of employment attorneys discusses strategies for navigating difficult performance and termination decisions when they arise while an employee is on leave and/or recently returned from leave. The panel will discuss how the leave, accommodation, workers' compensation, and statutory benefits laws intersect and outline best practices for handling performance issues and avoiding retaliation claims.
Presented By
Mr. Grisham has over 30 years of successful experience counseling and representing employers in all aspects of workplace law in Tennessee and across the U.S. He has helped employers avoid claims, charges, and lawsuits with a focus on preventative practices, including counseling on discipline, termination, demotion, promotion and other workplace changes, investigations, wage and hour compliance, reasonable accommodation assessment, supervisor training and the review of employment policies and procedures. Mr. Grisham has successfully litigated hundreds of administrative charges, employment lawsuits, and arbitration demands on behalf of employers, including federal and state law claims alleging discrimination, harassment, retaliation, wrongful termination, invasion of privacy, defamation, breach of contract, and wage and hour violations, among others. He represents employers in the prosecution and defense of trade secret claims, and in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation, and non-disclosure agreements. Mr. Grisham also represents employers in unfair labor practice and union representation election proceedings before the National Labor Relations Board. He is a Member of the American Employment Law Council, a Fellow of the College of Labor and Employment Lawyers and of the American Bar Foundation. Mr. Grisham is a past Chair of the Memphis Bar Association's L&E Section and of the Tennessee Bar Association's L&E Section where he currently serves on the Executive Committee.
Mr. Hetrick is a management rights advocate who represents employers on federal and state labor and employment law compliance and dispute resolution. He counsels employers with an eye to preventing claims arising from day-to-day employment decisions, particularly terminations of employees and large-scale layoffs. An important component of his practice involves drafting and revision of employee handbooks, personnel policies and procedures, employment applications, background check disclosure and consent agreements and employment contracts. Mr. Hetrick drafts comprehensive leave-of-absence policies designed to coordinate employer obligations under federal disability/medical leave laws and state workers’ compensation laws while, at the same time, advising on how to navigate conflicting obligations under those laws to avoid litigation. He helps employers to run their companies in compliance with labor and employment laws by providing training to managers, supervisors and employees on discrimination and harassment prevention. Mr. Hetrick speaks frequently on employment law and human resource management issues.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, July 29, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Briefing on federal and state leave protection laws
II. Documentation best practices
III. Timing considerations
IV. Strategies for overcoming abuse
V. Best practices to avoid retaliation claims
VI. Key takeaways
The panel will review these and other relevant issues:
- How can employers respond to common types of employee leave abuse without violating the law?
- How can employers ensure compliance in situations where they must navigate multiple laws regulating employee leave?
- What are the best practices to implement to avoid retaliation/discrimination claims under the FMLA, ADA, workers' comp, or statutory disability benefits?
- When is it permissible to terminate an employee on FMLA leave?
- How do courts evaluate timing issues in retaliation cases?
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