Event Details

“Facing Retaliation From Above: A Case study from Maryland”

HR professionals are often taught how to protect their employees and their companies, but how often are they taught to protect themselves? You are just as at risk of retaliation, 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.

R. Scott Oswald, an accomplished employment lawyer, will go over how to handle unsupportive management and potential retaliation through the lens of a case his firm, The Employment Law Group, litigated against Prince George’s County Memorial Library System. This case is an example of the jeopardy people in HR can face if someone higher up wants them to break company policy or even the law. In this case, a jury found that Jeffrey Naftal, a fellow SHRM member, was illegally fired after he attempted to follow library policy against his CEO’s wishes. According to company policy and employment laws, Jeff did nothing wrong. He followed procedures despite his CEO urging him to break them. For that, he was retaliated against and fired.

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.

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. In 2021, Mr. Oswald was ranked by Chambers, a prestigious global legal directory.