Concise Guide to Successful Employment Practices, 3rd Edition

Table Of Contents

Establishing the Proper Employment Relationship

  • The At-Will Employment Relationship
  • Exceptions to the Employment-at-Will Relationship
  • Using Individual Employment Contracts
  • Restrictive Covenants in Employment Contracts
  • Protecting Trade Secrets and Confidential Information in Employment Contracts
  • Contracts Mandating Arbitration of Employment Disputes
  • Executive Compensation–Avoiding Executive Employment Disputes
  • The Inevitable Disclosure Doctrine
  • Managing Leased Employee Exposure
  • Confirming Independent Contractor Arrangements
  • Defining Independent Contractor Agreement by NLRB Analysis

Employer Policies That Pay Off: Preparing the Employee Handbook

  • The Purpose of an Employee Handbook
  • Introduce Company and Philosophy
  • Explain Expectations: Company and Employees
  • Meeting Basic Employee Needs
  • Legal Purposes Served
  • Content of an Employee Handbook
  • Section One–Philosophy of the Business
  • Section Two–What the Company Expects from Employees
  • Section Three–What the Employee can expect from the Company
  • Section Four–Closing Matters
  • What to Avoid in an Employee Handbook
  • Implementing a New or Revised Employee Handbook

Compensating Correctly: Wage and Hour Law Compliance

  • Introduction
  • Fair Labor Standards Act Background
  • Wage-Hour Exemptions
  • The Equal Pay Act

Hiring Legally and Right

  • The Ten-Step Audit of Hiring Practices
  • Hiring Right
  • Audit Step #1–Knowing the Laws that Govern the Hiring Process
  • Audit Step #2–Designing the Employment Application
  • Audit Step #3–Creating the Job Profile
  • Audit Step #4–Recruiting a Pool of Applicants
  • Audit Step #5–Matching Behavior to the Job
  • Audit Step #6–The Legal Aspects of Interviewing
  • Audit Step #7–Reference and Background Checks
  • Audit Step #8–The Employment Offer
  • Audit Step #9–Physical Exams That Comply With the ADA
  • Audit Step #10–The Immigration Reform and Control Act of 1986

Proper Supervisory Methods

  • The Importance of a Good Employee Orientation
  • How Supervisors Should Act
  • Performance Evaluations
  • Dealing with Cultural Diversity
  • Constructive Discharge
  • Discharging Employees
  • Making Peace with Employees
  • Conclusion

Keeping Union-Free Status

  • Understanding the National Labor Relations Board
  • Keeping Non-union Status
  • How Unions Organize a Company
  • Developing a Legal Employee Involvement Committee
  • In the Event of a Union Campaign
  • Issues in Merger and Acquisition Transactions
  • Important Recent Decisions
  • Decertifying Existing Unions
  • Keeping Union Free Through an "Alter Ego" or "Double Breasted" Operation

Terminating Employees

  • Introduction
  • Incident Investigation Protocol Checklist
  • Discharge for Just Cause
  • Discipline and Discharge Decision-Making

Winning Denials of Unemployment Compensation Benefit Claims

  • Unemployment Compensation Background Information
  • Unemployment Compensation in a Nutshell
  • The Employer's Obligations
  • General Rules for Benefit Eligibility
  • The "Quit" Exceptions
  • Distinguishing a Quit from a Discharge
  • Quitting Without Formal Notice
  • Employer-Induced Discharges
  • Discharge Before Resignation Date
  • Quitting for Good Cause
  • Benefits Denied Because of Misconduct Connected with Employment
  • Types of Employee Misconduct
  • Proper Management of Corrective Progressive Discipline
  • Establishing Misconduct
  • Sample Basic Interrogatories for the Employer-Witness
  • Conclusion

Handling Equal Employment Opportunity Law Challenges

  • Background
  • Analysis
  • Pregnancy and Maternity Issues
  • Sexual Harassment
  • The Americans with Disabilities Act of 1990 (ADA)

Miscellaneous Employment Law Issues

  • AIDS
  • Telecommuting
  • Violence in the Workplace
  • The Employee Polygraph Protection Act of 1988
  • Smoking at the Workplace
  • Workplace Privacy
  • Employment Practices Liability Insurance
  • List of Employment Laws, Required Recordkeeping
  • Federal Posting Requirements