Monday, August 7, 2017

Breakout on Employment Law/Human Resources

1:00 – 4:15 pm    
Grand Ballroom 7B                    
Convention Level
(Entrance through corridor between Grand Ballrooms 7 & 8)    
    
Program Moderators:
Jason C. Taylor, Attorney
McConnaughhay, Coonrod, Pope, Weaver & Stern, PA
Tallahassee, FL
    
John P. Daly, Attorney
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, PA
Orlando, FL
    
1:00 – 2:00 pm    
The Administrative Process

    
Speaker:
Cheyanne Costilla, Attorney
General Counsel
Florida Commission on Human Relations
Tallahassee, FL

The first session of the employment law breakout will be a presentation by the General Counsel’s office of the Florida Commission on Human Relations (FCHR). The FCHR is the state administrative agency charged with the duty of investigating initial administrative complaints employees submit alleging discriminatory and/or retaliatory conduct. The presentation will address the structure and general obligations of the agency; the administrative process in general, including requirements employees have for filing charges of discrimination; the dispute resolution options available; the investigatory process and actions taken by the FCHR investigators; and the post-investigation process, depending on the conclusions of the agency investigator and legal department. This session is designed to provide employer and carrier representatives with a greater knowledge of the administrative process and their options as a charge of discrimination makes its way through that process.
    
2:00 – 3:00 pm    
Can’t We All Just Get Along?

    
Moderators:
Jason C. Taylor, Attorney
McConnaughhay, Coonrod, Pope, Weaver & Stern, PA
Tallahassee, FL
    
John P. Daly, Attorney
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, PA
Orlando, FL
    
Panel:
Stephen C. Sawicki, Attorney and Mediator
Stephen C. Sawicki, PA
Orlando, FL

Jason O’Steen, Attorney and Mediator
O’Steen & O’Steen, PL
Tallahassee, FL
    
J. C. O’Steen, Attorney and Mediator
O’Steen & O’Steen, PL
Tallahassee, FL

The focus of the second session will be providing information regarding mediations in employment law litigation from the perspective of neutral mediators. This session will be a panel discussion during which top mediators discuss the process of mediation as it relates to the type of law sometimes referred to as “corporate divorce.” The topics addressed will include key considerations mediators have in obtaining information from the parties in advance, either in written statements or oral conferences; positive and negative practices mediators have observed in opening sessions; how the different fundamental approaches of the parties affect the mediation process; and advice on making the mediation process as beneficial as possible, regardless of whether a resolution is reached. This session is designed to develop greater understanding of mediation, its structure in general, and provide insight from mediators practicing in this area of the law that will help participants make the most out of this dispute resolution process.
    
3:00 – 3:15 pm    
Break
    
3:15 – 4:15 pm    
The Judicial Perspective

Moderators:
Jason C. Taylor, Attorney
McConnaughhay, Coonrod, Pope, Weaver & Stern, PA
Tallahassee, FL
    
John P. Daly, Attorney
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, PA
Orlando, FL
    
Speaker:
Honorable Robert J. Egan
Circuit Court Judge, Ninth Judicial Circuit
Orlando, FL

The third session of the employment law breakout will consist of a discussion of employment law claims and litigation from the perspective of the judiciary. Employment law litigation remains a significant portion of cases that proceed to trial and judges often have a number of decisions to make before the case reaches that point. Judge Egan will address issues that arise in employment litigation including the function of the court in addressing summary determinations, the limitation of the scope of claims and evidence at trial, and comparison of employment litigation to other cases over which judges preside. The purpose of this session is to educate litigants about the different stages and decisions made during an employment discrimination and/or retaliation lawsuit and how those decisions affect the case at trial or whether the case makes it that far.