Breakout Session 6: Your Company is Making Me Sick

During this interactive hour we will discuss these fail proof tips and apply them real workplace scenarios that can be applied when an employee says – I think I am sick because of work.

Breakout Session 6
2:00 PM to 3:00 PMYour Company is Making Me Sick
Pedro Forment, Esq. – Jackson Lewis 

Description of Session

Despite our best efforts at promoting workplace wellness, human resource professionals are spending a greater part of their time managing employee issues related to injuries and illnesses- whether work related or not. While many employees have legitimate issues, unfortunately, these well-intentioned statutes have become the resting place for many employees with performance issues who understand that taking the 3- Headed Monkey out of its cage may be a ticket to job security and/or a generous severance/settlement package.  While taming the 3-Headed Monkey is no easy task, there are some fail proof tips to assist with significantly reducing abuse. During this interactive hour we will discuss these fail proof tips and apply them real workplace scenarios that can be applied when an employee says – I think I am sick because of work.  

Learning Objectives

Attendees will learn:

·       How to you keep the focus on operational needs when recent ADA changes mean just about everyone meets the definition of disabled
·       How to hold employees to a schedule when some think intermittent FMLA leave is another way of saying “show up when you want.”
·       How to handle employees who claim they have respiratory problems on account of mold or “sick building syndrome” in the workplace, believe they are being slowly poisoned by the carpet cleaner, or make general complaints about workplace safety and health to make sure everyone understands they are a “whistleblower”.  
·       The definition of whistleblower as it applies to wellness and occupational hazards.
·       How to document and determine if the employees “exposure” is really related to your job without violating GINA, HIPPA privacy and ADA or exposing your company to OSHA scrutiny.

Speaker – Pedro Forment, Esq. Partner with Jackson Lewis – Miami Pedro Forment is a partner in the Miami office of Jackson Lewis and prior to joining our firm was a partner for ten years with a national labor and employment firm and formerly an attorney for the U.S. Department of Labor’s Office of the Solicitor.  Pedro represents employers throughout the United States and is a frequent lecturer on employment and workplace safety and health issues.  Pedro has significant class action experience in multiple jurisdictions and practices before federal and state courts as well as administrative agencies throughout the United States.  Mr. Forment is listed in The Best Lawyers in America, Florida Super Lawyers, Latino American Who’s Who and is “AV” rated by Martindale-Hubbell.  He is a frequent lecturer, and is a contributor to journals and periodicals dedicated to workplace safety, health and environmental issues. 

Mr. Forment is admitted to practice in Florida, the District of Columbia, Massachusetts, and Pennsylvania.  He is a member of the American Bar Association, Employment and OSHA Sections; the Association of Trial Lawyers of America; the Academy of Florida Management Attorneys; the Cuban-American Bar Association; the National Safety Council; and the Miami Beach Chamber of Commerce.In the community, Mr. Forment sits on the Partners’ Board of the Centers of Disease Control and Prevention (“CDC”), and is on the Lindsey Hopkins Technical Education Advisory Committee.  He is involved in the American Bar Association’s Judicial Intern Opportunity Program, the Minority Law Student Mentoring Program, and Future Business Leaders of America Public School Districts 23/24 South Florida.  He is also a member of the Miami-Dade County Public School Business Technology Education Board.  Mr. Forment attended Wroxton College, in England (1983); Universidad Santiago Compostela Spain (1984); and received his B.A. from Wesleyan University in 1987.  He earned his J.D. from the University of Pennsylvania in 1992.  He is fluent in Spanish.