Morgan, Brown & Joy, LLP Photo

Seminar Details

March 30, 2017

Strategies for Managing the “Protected Employee:” Lessons from the Fact-Finder

Location: 200 State Street, Floor 11, Boston, MA 02109

Time: Registration 3:45 p.m.; Program 4:00 p.m. - 5:15 p.m.; Cocktail Reception Immediately Following

Presenters: Laura Ogden, Esq., Morgan, Brown & Joy, LLP and Mark Phillips, Esq., Phillips Partners

Imagine this scenario: a supervisor makes an arguably discriminatory comment about an employee in front of an entire office. No one reports the incident to human resources until the employee himself speaks up several months later, in the course of performance management.  What can the employer do to minimize its risk?  What strategies can management implement in dealing with this “protected” employee going forward? This seminar will utilize a case study and discuss the results of a mock jury exercise to provide practical advice to employers about managing such an employee.  Referencing real feedback from the mock jurors, we will discuss tools that an employer can use to avoid a retaliation claim and minimize additional legal risk after an employee has engaged in protected conduct.

Among the topics to be discussed:

  • Appropriate intervention strategies for human resources personnel and in-house counsel
  • How to evaluate risk factors after an employee has engaged in protected activity
  • Evaluating supervisors as potential witnesses
  • Effective tools for performance documentation

There will be a cocktail reception immediately following the program.

There is no fee for this program. Please note however that space is limited.

If you have any questions please contact Gina Fitzgerald at 617.788.5038 or