Event Details

Avoiding the Retaliation Trap

Virtually every major employment law contains an anti-retaliation provision (e.g., Title VII, ADA, FLSA, FMLA, NLRA, OSHA, etc.).  Over the last 10 years, retaliation allegations against employers have increased significantly.  Most litigated employment law cases ultimately settle given the significant cost and time investment associated with prosecuting and defending them.  And most times the retaliation claim is the one that creates real liability exposure for the employer, as opposed to the underlying claims (harassment, discrimination, etc.).   This session will analyze the most common retaliation traps employers fall into and how to best avoid them.

Learning Objectives

• Analyze the most common employment law retaliation traps.
• Discuss strategies for avoiding the retaliation trap while effectively dealing with difficult employees.
• Analyze the disciplinary documentation trail issue and how it can be utilized to effectively defend against retaliation claims.

Speaker Bio:

FREDRICK J. BISSINGER is Regional Managing Member of the Nashville, Tennessee office of the firm, which he joined in 1999.  His law practice includes an emphasis in handling employment discrimination and wrongful discharge matters at both the administrative level and in Federal and State Court litigation.  His practice also includes an emphasis on ADA and FMLA compliance, as well as general liability matters.  He received his Bachelor of Science, cum laude, in Economics from Washington & Lee University and his law degree from the Seton Hall University School of Law.  Prior to entering private practice, Fred served in the United States Navy Judge Advocate General Corps from 1993-1997.  He is a member of the Tennessee Bar Association. Fred has an AV Preeminent® Rating – which is the highest possible rating given by Martindale-Hubbell, the leading independent attorney rating entity. He is also listed in The Best Lawyers in America® in the fields of Employment Law/Management and Litigation/Labor & Employment and was named 2020 LAWYER OF THE YEAR by Best Lawyers for Litigation/Labor & Employment, Nashville.  Fred received the Tennessee SHRM Human Resource Management Excellence Award in 2018.  He served as the 2010-2011 Legislative Chair and 2012-2013 Legal Advisor for the Middle Tennessee Society for Human Resource Management.  He also served as the 2012-2013 Diversity and Inclusion Committee Co-Chair for the Tennessee Society for Human Resource Management, and the 2015-2016 Diversity and Inclusion Director for the Middle Tennessee Society for Human Resource Management. Fred is currently serving his fourth consecutive term as the Legislative Chair for the Tennessee Society for Human Resource Management.