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Dealing with Problem Employees A Legal Guide

ISBN-10: 1413310680
ISBN-13: 9781413310689
Edition: 5th 2009 (Revised)
List price: $49.99
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Book details

List price: $49.99
Edition: 5th
Copyright year: 2009
Publisher: NOLO
Publication date: 12/11/2009
Binding: Paperback
Pages: 416
Size: 7.00" wide x 9.50" long x 1.00" tall
Weight: 1.496
Language: English

Guerin, an editor/author specializing in employment law, is author or co-author of several Nolo books, including The Manager's Legal Handbook, Dealing with Problem Employees, Nolo's Essential Guide to Federal Employment Laws, Workplace Investigations, Create Your Own Employee Handbook, and Nolo's Guide to California Law. Guerin has practiced employment law in government, public interest, and private practice where she represented clients at all levels of state and federal courts and in agency proceedings. She is a graduate of Boalt Hall School of Law at the University of California at Berkeley.

Introduction
The High Cost of Problem Employees
How This Book Can Help
Who Should Read This Book
Who Should Not Read This Book
What's Your Problem?
Performance or Productivity Problems
Interpersonal Problems
Insubordination
Excessive Absenteeism
Drugs and Alcohol
Theft and Dishonesty
Violence
Employment Law Basics
Employment at Will
Employment Contracts
Breaches of Good Faith and Fair Dealing
Violations of Public Policy
Discrimination and Retaliation
Performance Evaluations
The Benefits of an Evaluation System
Create Performance Objectives
Observe and Document Employee Performance
Conduct Interim Meetings to Discuss Progress and Problems
Conduct the Year-End Evaluation
Progressive Discipline
The Benefits of Progressive Discipline
The Steps of Progressive Discipline
How Progressive Discipline Works
Guidelines for Avoiding Legal Trouble
Sample Progressive Discipline Policy
Complaints and Investigations
When Investigation is Necessary
Complaint Policies and Procedures
Preparing to Investigate
Conducting Interviews
Written and Physical Evidence
Employees' Rights to Privacy
Making the Decision
Dispute Resolution Programs
Types of Alternative Dispute Resolution
Which Procedures Are Right for Your Company?
Tips for Creating an Effective Program
Making the Decision to Fire
Is It Time to Consider Firing?
Making the Decision to Fire: An Employer's Checklist
Planning for the Aftermath
Legal Constraints on What You Say
What to Tell Coworkers
What to Tell Reference Seekers
Continuing Health Insurance
Unemployment Compensation
Written Explanations of the Termination
Severance and Releases
Are You Obligated to Pay Severance?
Should You Pay Severance?
Should You Ask for a Release?
What Should You Offer?
Writing a Release
Agreements to Protect Your Business
How to Fire
The Termination Meeting
The Exit Interview
Looking Forward
Improve Your Hiring Process
Workplace Policies
Researching the Law and Hiring a Lawyer
When to Hire a Lawyer
How to Find a good Lawyer
Legal Fees
Firing a Lawyer
Firing a Lawyer
Doing Your Own Legal Research
Appendix
Federal Agencies That Enforce Workplace Laws
Federal Fair Employment Laws
State Laws Prohibiting Discrimination in Private Employment
Agencies That Enforce Laws Prohibiting Discrimination in Employment
Departments of Labor
State Departments of Insurance
State Workers' Compensation Agencies
State OSHA Laws and Offices
Index

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