Facing Resistance From Above:
A Case Study From Maryland
presented by R Scott Oswald
R. Scott Oswald, an accomplished employment lawyer, will go over how to handle unsupportive management and potential retaliation through the lens of a case litigated by his firm, The Employment Law Group. Mr. Oswald will report on the evidence and testimony in a lawsuit that resulted in a trial against a TELG client’s former employer, a public library system. The evidence in the case provides an example of the jeopardy people in HR can face if someone higher up wants them to break company policy or even the law.
As an HR professional, you know how to protect your company and its employees. But do you know how to protect yourself? You are also at risk of negative job actions, and your refusal to follow along with unethical practices may be something you need to defend in court. This virtual presentation provides advice on how to handle internal conflict and how to identify and fight against retaliation; and also explains why following policy and laws, instead of bending to pressure from above, is in your best interest. The wrong move could find you on the defense side of the courtroom.
Learning Objectives:
- Learn how to internally handle conflict between what is legally and morally right and what upper management asks them to do
- Learn how to stand up to upper management in the event that HR is being pressured to engage in unlawful acts or otherwise violate company policy
- Be able to identify retaliation and possible steps to fight against it
- Know possible consequences if they choose to obey upper management and ignore company policy or the law
R. Scott Oswald, Managing Principal, The Employment Law Group
Scott Oswald, managing principal at The Employment Law Group law firm, is an accomplished trial lawyer who has brought more than 40 trials to verdict and recovered more than $300 million in judgments and settlements for his clients, in cases ranging from wrongful termination to employer fraud. Mr. Oswald litigates employment lawsuits nationwide, with a special focus on whistleblower matters – including qui tam law, which can deliver monetary rewards to employees who expose fraud against the government. He has spoken up for workers before federal agencies and on Capitol Hill and has broken new ground in whistleblower law.
Mr. Oswald himself is a member of SHRM. He is also the current programming chair for the Federal Bar Association’s Qui Tam Section, which focuses on whistleblower law. He is also head of the Metropolitan Employment Lawyers Association’s Bench-Bar Committee and has roles in other professional groups, including the American Bar Association, the D.C. Bar and the National Employment Lawyers Association. Mr. Oswald is a fellow of the elite College of Labor and Employment Lawyers. He has been recognized by Washingtonian Magazine, Super Lawyers, Best Lawyers, and more. Since 2021, Mr. Oswald has been ranked by Chambers, a prestigious global legal directory.
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