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Basic Employment Law Manual for Managers and Supervisors

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.

Ratings and Reviews

Table Of Contents

Overview of Employment Laws

  1. Federal Laws
  2. State Laws
  3. Violations Are Costly
  4. Can Managers or Supervisors Be Liable?

Discrimination / Fariness

  1. Know Which Groups Are Protected from Discrimination
  2. How Discrimination Occurs
  3. Discriminatory Situations
  4. Apply Rules and Standards Fairly
  5. Consistent Application of Rules Is Basic to Fairness
  6. Avoid Retaliation
  7. Treat People Kindly and Respectfully

Supervisor Statements as Evidence

  1. Supervisors' Statements Become Evidence in Court
  2. Supervisors' Promises Can Create Contracts
  3. Supervisors Should Not Interpret Benefit Plans
  4. Supervisors Speak for the Company

Documentation

  1. Why Use Documentation?
  2. The Role of Documentation in Discipline / Terminations
  3. Case Illustration
  4. Document Communications with All Employees
  5. Failure to Document Can Get a Company in Trouble
  6. Documentation Should Give Details
  7. Documentation Should Be Timely
  8. The Employee Should Be Given a Copy

Benefits

  1. Supervisors Shouldn't Give Advice on Benefit Questions
  2. Tell People to Check Benefit Plan Documents
  3. What Can Go Wrong with Supervisor Benefit Statements
  4. Terminations Should Not Appear to Cut Off Benefits

Job Interviews

  1. Checklist: Preparing for the Interview
  2. Ask Applicants Job-Related Questions Only
  3. Questions to Avoid
  4. Ask Applicants the Same Questions
  5. Don't Make Employment Promises
  6. Take Notes During the Interview

Harassment / Improper Behavior

  1. What Is Sexual Harassment?
  2. Important Facts About Sexual Harassment
  3. Other Types of Illegal Harassment
  4. Harassment Examples
  5. Rude Behavior That Doesn't Qualify as Harassment
  6. Take Complaints About Improper Behavior Seriously
  7. Checklist: Handling a Complaint About Misconduct
  8. What If Nobody Has Complained?
  9. Be Discreet

Workers with Disabilities / Injuries: Who Is Protected from Disability Bias?

  1. The Reasonable Accommodation Duty
  2. Checklist: Finding a Reasonable Accommodation
  3. Periodic Medical Exams
  4. Confidentiality of Medical Information Rights of Persons Injured on the job
  5. Treat Every Injury as Legitimate
  6. Checklist: What to Do When a Worker Is Injured
  7. Checklist: Data to Gather for Each Injury

Time Off From Work

  1. Family and Medical Leave
  2. Avoid Disability Bias Pitfalls
  3. Military Leave
  4. Other Leaves Required by Law
  5. Company-Offered Leaves
  6. Be Familiar with Company Policy

Drug and Alcohol Problems

  1. Who Is Protected?
  2. Should the Employee Be Punished or Rehabilitated?
  3. How to Confront an Employee
  4. Provide Rides Home for Intoxicated Employees

Union Activities

  1. Workers' Protected Labor Rights
  2. Prohibited Labor Practices
  3. Union Representation at Investigatory Interviews
  4. Tips for Avoiding Liability During Union Campaigns
  5. Nonunion Activity Can Be Protected

Whistleblowing / Group Complaints

  1. What Is Whistleblower Protection?
  2. Who Are Protected Whistleblowers?
  3. Whistleblowing Examples
  4. Protected Group Complaints
  5. Group Complaint Examples

Performance Appraisals

  1. Why Conduct Performance Appraisals?
  2. What Are the Elements of Good Performance Appraisals?
  3. Performance Appraisals Must Be Accurate
  4. Checklist: Preparing for the Appraisal Meeting
  5. Avoid the Temptation to "Soften" a Negative Appraisal
  6. Tips for Making Negative Appraisals Positive

Employee Discipline

  1. Notice of Misconduct and Opportunity to Change
  2. Basic Steps of Discipline
  3. Rules Violations: Pre-discipline Checklist
  4. Counsel to Improve Poor Performance
  5. Progressive Discipline for "Repeat Offenders
  6. Document Disciplinary Steps
  7. Avoid Informal Discipline

Pre-Termination Review

  1. Don't Fire Someone on the Spot
  2. Checklist: Policy / Procedure Double Check
  3. Checklist: Documentation Audit
  4. Checklist: Legality Review
  5. Checklist: Reductions in Force
  6. Checklist: Resignations

Conducting a Termination Meeting

  1. What Should the Termination Meeting Accomplish?
  2. Where to Hold the Meeting
  3. When to Hold the Meeting
  4. Should a Third Party Be There?
  5. Have Documentation Available
  6. What to Do During the Termination Meeting
  7. Sample Opening Statements

References / Defamation / Privacy

  1. What is Defamation?
  2. What Are The Defenses to Defamation?
  3. Case Illustrations
  4. What Is Invasion of Privacy?
  5. Tips for Avoiding Defamation / Privacy Claims
  6. How to Explain Why a Coworker Was Fired
  7. How to Handle Job Reference Requests
  8. Special Confidentiality Rules for Medical Records