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Basic Employment Law Manual for Managers and Supervisors
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Basic Employment Law Manual for Managers and Supervisors helps managers and supervisors understand and comply with current employment laws.
This book includes:
- What rights and protections employees have under employment laws
- What actions to take to avoid liability
- How to reduce the risk of liability once legal action begins against a company
- Techniques for building and managing a productive workforce
- Tips on dealing with such problem areas as layoffs, terminations, harassment and discrimination, and improper behavior
Additions for this newest edition include:
- New information on the Genetic Information Nondiscrimination Act (GINA), plus the changes made by the ADA Amendments Act and the revised Family and Medical Leave Act (FMLA) regulations.
- Enhanced discussions of discrimination, harassment, discipline, disabilities, leaves, performance appraisals, terminations, and privacy.
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Table Of Contents
Overview of Employment Laws
- Federal Laws
- State Laws
- Violations Are Costly
- Can Managers or Supervisors Be Liable?
Discrimination / Fariness
- Know Which Groups Are Protected from Discrimination
- How Discrimination Occurs
- Discriminatory Situations
- Apply Rules and Standards Fairly
- Consistent Application of Rules Is Basic to Fairness
- Avoid Retaliation
- Treat People Kindly and Respectfully
Supervisor Statements as Evidence
- Supervisors' Statements Become Evidence in Court
- Supervisors' Promises Can Create Contracts
- Supervisors Should Not Interpret Benefit Plans
- Supervisors Speak for the Company
Documentation
- Why Use Documentation?
- The Role of Documentation in Discipline / Terminations
- Case Illustration
- Document Communications with All Employees
- Failure to Document Can Get a Company in Trouble
- Documentation Should Give Details
- Documentation Should Be Timely
- The Employee Should Be Given a Copy
Benefits
- Supervisors Shouldn't Give Advice on Benefit Questions
- Tell People to Check Benefit Plan Documents
- What Can Go Wrong with Supervisor Benefit Statements
- Terminations Should Not Appear to Cut Off Benefits
Job Interviews
- Checklist: Preparing for the Interview
- Ask Applicants Job-Related Questions Only
- Questions to Avoid
- Ask Applicants the Same Questions
- Don't Make Employment Promises
- Take Notes During the Interview
Harassment / Improper Behavior
- What Is Sexual Harassment?
- Important Facts About Sexual Harassment
- Other Types of Illegal Harassment
- Harassment Examples
- Rude Behavior That Doesn't Qualify as Harassment
- Take Complaints About Improper Behavior Seriously
- Checklist: Handling a Complaint About Misconduct
- What If Nobody Has Complained?
- Be Discreet
Workers with Disabilities / Injuries: Who Is Protected from Disability Bias?
- The Reasonable Accommodation Duty
- Checklist: Finding a Reasonable Accommodation
- Periodic Medical Exams
- Confidentiality of Medical Information
Rights of Persons Injured on the job
- Treat Every Injury as Legitimate
- Checklist: What to Do When a Worker Is Injured
- Checklist: Data to Gather for Each Injury
Time Off From Work
- Family and Medical Leave
- Avoid Disability Bias Pitfalls
- Military Leave
- Other Leaves Required by Law
- Company-Offered Leaves
- Be Familiar with Company Policy
Drug and Alcohol Problems
- Who Is Protected?
- Should the Employee Be Punished or Rehabilitated?
- How to Confront an Employee
- Provide Rides Home for Intoxicated Employees
Union Activities
- Workers' Protected Labor Rights
- Prohibited Labor Practices
- Union Representation at Investigatory Interviews
- Tips for Avoiding Liability During Union Campaigns
- Nonunion Activity Can Be Protected
Whistleblowing / Group Complaints
- What Is Whistleblower Protection?
- Who Are Protected Whistleblowers?
- Whistleblowing Examples
- Protected Group Complaints
- Group Complaint Examples
Performance Appraisals
- Why Conduct Performance Appraisals?
- What Are the Elements of Good Performance Appraisals?
- Performance Appraisals Must Be Accurate
- Checklist: Preparing for the Appraisal Meeting
- Avoid the Temptation to "Soften" a Negative Appraisal
- Tips for Making Negative Appraisals Positive
Employee Discipline
- Notice of Misconduct and Opportunity to Change
- Basic Steps of Discipline
- Rules Violations: Pre-discipline Checklist
- Counsel to Improve Poor Performance
- Progressive Discipline for "Repeat Offenders
- Document Disciplinary Steps
- Avoid Informal Discipline
Pre-Termination Review
- Don't Fire Someone on the Spot
- Checklist: Policy / Procedure Double Check
- Checklist: Documentation Audit
- Checklist: Legality Review
- Checklist: Reductions in Force
- Checklist: Resignations
Conducting a Termination Meeting
- What Should the Termination Meeting Accomplish?
- Where to Hold the Meeting
- When to Hold the Meeting
- Should a Third Party Be There?
- Have Documentation Available
- What to Do During the Termination Meeting
- Sample Opening Statements
References / Defamation / Privacy
- What is Defamation?
- What Are The Defenses to Defamation?
- Case Illustrations
- What Is Invasion of Privacy?
- Tips for Avoiding Defamation / Privacy Claims
- How to Explain Why a Coworker Was Fired
- How to Handle Job Reference Requests
- Special Confidentiality Rules for Medical Records