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LUNCH PROGRAM - Mock Trial - Topic
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When: 09/21/2018
11:15 AM to 1:45 PM
Where: Palm Aire Country Club
5601 Country Club Way
Sarasota, Florida  34243
United States
Contact: Candice Smith Singh, 2018 Program Director

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2018 September Professional Development Program

Approved for 1.25 credits from HRCI and SHRM


11:15 - 12:00pm - Registration, Networking and Lunch

12:00 - 12:30pm - SHRA Business and Sponsor Announcements

12:30 - 1:45pm - Presentation, Q&A, Wrap Up

Mock Arbitration

a.       This is a mock arbitration involving potential liability for an employer in the context of a sexual harassment claim. Assume arbitration is required for any claims arising out of the employment relations including tort or negligence claims as a result of the acceptance of the employee handbook.

b.      This is a fact-pattern involving a young woman in a vulnerable position, harassed and intimidated by her older male supervisor, with management being less-than-aggressive in taking action against the reported behavior.


    II.            Learning Objectives

a.       Issues you will face in a multi-generational workforce.

                                                              i.      Conduct that were once tolerated or “okay” are things that are no longer appropriate.

                                                            ii.      Conduct that was once grey has become black and white.

                                                          iii.      How delay in reporting or even failure to report may not be an absolute defense.

                                                          iv.      How to educate employees including the older work force.

                                                            v.      How power dynamics come into play.

b.      Preventing Sexual Harassment:

                                                              i.      Clearly communicate that sexual harassment will not be tolerated.

                                                            ii.      Must have an anti-harassment policy which provides an effective complaint or grievance process.

                                                          iii.      Develop methods to sensitize all concerned through trainings.

                                                          iv.      Immediately investigate each and every allegation, and if established, the action taken should be calculated to reasonably send the message that the behavior is intolerable.

                                                            v.      Take every complaint seriously.

c.       How would you rule if you were the arbitrator in the above case?



Elisha Robertson is an associate attorney at Kirk-Pinkerton. She joins her father, Bill Robertson, CEO and personal injury attorney, at the prestigious law firm. At Kirk Pinkerton, the sixth-generation attorney will practice law and assist the firm’s practice areas, including personal injury, divorce and family law, civil litigation, labor and employment law and real estate.

Prior to joining Kirk Pinkerton, the Sarasota native worked as a legal intern at the Legal Aid Service of Broward County in Plantation, Florida. There, she represented underprivileged children in the child dependency and delinquency division and fought for the best interest of every child who sought assistance from the program.

Elisha Roberston also served as a public policy intern for the Children’s Campaign, Inc. in Tallahassee, Florida, where she persuaded policymakers, citizens and advocates to adopt proven strategies that lead to positive outcomes for Florida’s children.

She earned her Juris Doctor from Nova Southeastern University in Fort Lauderdale and graduated with her bachelor’s degree in English from the Florida State University. She is a member of the Florida Justice Association, Sarasota County Bar Association, The Florida Bar and the American Bar Association.


Robert K. Robinson joined Kirk Pinkerton, P.A. in an of counsel capacity in 2014. He is a Florida native, born in 1964 in Lake Wales. In 1986 he graduated from Stetson University with a Bachelor of Arts Degree in Liberal Arts and received his Juris Doctorate Degree in 1989 from Mercer University at the Walter F. George School of Law. He was admitted to the Florida Bar in 1989 and the Georgia Bar in 1990. He is also admitted to practice in the United States District Court, Middle District of Florida and the United States Court of Appeals for the 11th Circuit. Mr. Robinson is Board Certified by the Florida Bar in City, County and Local Government Law.

Mr. Robinson’s primary areas of practice include local government law, land use law, labor and employment law, commercial litigation and appellate practice. Mr. Robinson’s practice is focused in the Sarasota area but he has represented clients from Jacksonville to the Florida Keys.

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