June 23, 2022: Progressive Discipline and the Intersection with Leave Policies

David B. Wilson is an employment attorney and founding partner of the firm Hirsch Roberts Weinstein LLP. He will discuss progressive discipline and an employer’s best practices when accompanied by a disclosure of a disability (as addressed by the ADA, FMLA, and the MA PFML).  Using a case study approach, Dave will walk us through the general scenario of a progressive discipline/termination when an employee’s disability is disclosed.  What are the risks and dilemmas in resuming corrective action?  How can we frame the process so we can move forward with confidence and keep dialogue as constructive and real as possible, without saying things that will come back to bite us? What bright lines should we not cross?

Dave  (https://www.hrwlawyers.com/team/david-b-wilson) has spent over three decades defending employers in employment, wage and hour, and general commercial disputes in the federal, Massachusetts and New Hampshire courts. In addition to his interest in the intersection between technology, the law and the workplace, including social media and employee tracking, Dave is a MCAD certified trainer in Preventing Harassment and in Preventing Discrimination (in the Workplace) and has served on the faculty for the MCAD certification course.