Jon L. Gelman will join a distinguished to panel of attorneys to discuss employment discrimination claims. The seminar to be presented by the NJ Institute for Continuing Education will be moderated by David H. Ben-Asher.
Tuesday, March 16, 2010
4:00 PM to 7:30 PM
As the practice of employment law in New Jersey becomes increasingly complex, other legal fields sometimes intersect with that practice in significant ways. In order to effectively represent clients in discrimination, whistleblower retaliation, contract and similar matters, employment lawyers must have a basic understanding as to the potential influence of legal principles and remedies in fields such as criminal, tax, insurance, labor-management, workers’ compensation, bankruptcy and disability benefits law. A panel of practitioners experienced in those areas will limit their discussion to substantive and practical ways in which their fields affect the handling of employment matters
Labor-Management - Peter L. Frattarelli, Esq. How unionized employees’ collective bargaining agreement grievances and arbitration, N.L.R.B. charges and duty of fair representation suits bear upon their discrimination, whistleblower and other employment law claims.
Workers’ Compensation - Jon L. Gelman, Esq. When and how compensation claims should be pursued. The synergy between workers’ compensation claims and employment civil actions and their relation to liens and setoffs. Provisions regarding workers’ compensation in settlement and release agreements
Criminal Law - Bruce I. Goldstein, Esq. Issues of potential criminal exposure of employees and employers in whistleblower retaliation and other employment matters. Addressing the criminal legal questions which may arise during the conduct of corporate internal investigations. How the rights of the corporation and its employees are vindicated during governmental investigations.
Bankruptcy - Gerald H. Gline, Esq. The treatment in bankruptcy of employment contracts and benefits, non-competition agreements and settlements. Handling employment claims against employers which are in bankruptcy or claims by employees who have filed for bankruptcy. When and how employment claims need to be proven in Bankruptcy Court. Collecting employment damage awards when the employer has been discharged in bankruptcy.
Insurance - Barbara A. O’Connell, Esq. Types of insurance policies that can provide coverage in an employment case. Coverage and bad faith litigation. Workers’ compensation policies and situations which give rise to the obligation thereunder to pay for the defense and pain and suffering damages in employment cases. Employment Practices Liability Insurance: dealing with deductibles, punitive damage claims, settlements and the selection of defense counsel.
Tax - Sean M. Aylward, Esq. Tax considerations in the handling of employment cases and in the negotiation, structuring and tax reporting of settlements. How Internal Revenue Code Section 409A applies to deferred payments.Disability Benefits - Bonny G. Rafel, Esq. Availability and pursuit of short term and long term disability insurance benefits. Definitions of residual disability, pre-disability income and occupation. Provisions related to disability buyout and overhead expense coverage. Pitfalls resulting from severance agreements. The interaction between employees’ claims for disability benefits and their employment law claims and damages, including issues of liens, setoffs and judicial estoppel.