Full Description
A landmark resource for executives, managers, and business owners on mastering employment law
The first of its kind, this comprehensive guide is a roadmap for navigating employment law complexities while building stronger, more productive workplaces. Drawing from his four decades of frontline experience defending companies in employment litigation, Gerald L. Maatman, Jr. follows the chronological sequence of employment relationships - from hiring to firing, and everything in between - providing actionable strategies that have been stress-tested in courtrooms across America.
Not stopping there, Maatman reveals the hidden dynamics of how judges and juries evaluate personnel decisions, sharing insights gleaned from winning and losing court cases, teaching trial advocacy, and hearing directly from jurors about what influences their verdicts. Readers will learn how to:
Implement effective hiring practices and conduct fair terminations
Handle difficult employees and prevent sexual harassment problems
Manage documentation requirements and structure personnel policies that protect both companies and workers
The Employment Law Manual: A Practical Guide for Business Owners, Managers, and Executives is an essential practical toolkit that enables business leaders to make confident personnel decisions while minimizing legal exposure and create workplaces characterized by trust, fairness, and mutual respect that foster both productivity and legal protection.
Contents
Chapter 1 An Introduction to Workplace Law 1 Chapter 2 What Managerial Personnel Need to Know About the Law of the Workplace 5
Chapter 3 Strategies for Effectuating Fair and Just Terminations 23
Chapter 4 Avoiding Sexual Harassment Problems in the Workplace 45
Chapter 5 Strategies for Effective Hiring 69
Chapter 6 Getting Employee Orientation and Education Right 87
Chapter 7 Strategies for Handling Employee Evaluation and Disciplinary Matters 105
Chapter 8 Dealing with Serious Employee Problems and Problem Employees 127
Chapter 9 Managing Workplace Issues Arising from Electronic Communications and Internet Access 143
Chapter 10 Dealing with Substance Abuse and Violence in the Workplace 151
Chapter 11 Strategies for Managing Nontraditional Employment Relationships: Contingent Workers, Telecommuters, and Independent Contractors 157
Chapter 12 Additional U.S. Employment Laws That Management Personnel Should Know About 167
Chapter 13 Understanding the Keys to Proper Personnel Documentation 189
Chapter 14 What Employers Should Know About the Process of Defending Employment-Related Litigation 199
Chapter 15 Employment Practices Liability Insurance 215
Chapter 16 Conclusion 223
Glossary of Employment Law Terms 225
Appendix 1: Pre-termination Checklist 237
Appendix 2: Exit Interview Form 241
Appendix 3: Checklist of Negotiating Items for Employee Releases 245
Appendix 4: Sample Release Form for Use with Employees Under the Age of 40 249
Appendix 5: Sample Release Form for Use with Employees Over the Age of 40 253
Appendix 6: A Guide for Employers on Conducting an Internal Investigation of an Employee's Complaint of Sexual Harassment 257 Appendix 7: Sample Offer Letter 267
Appendix 8: Sample Equal Employment Opportunity, Nondiscrimination, and Anti-Harassment Policy 269
Appendix 9: Sample ADA/Reasonable Accommodation Policy 275
Appendix 10: A Guide to Responding to an Employee's Request for a Reasonable Accommodation Under the Americans with Disabilities Act 279
Appendix 11: Sample Personnel Policy on Confidentiality 289
Appendix 12: Sample At-Will/Management Rights—Employee Acknowledgment Form 291
Appendix 13: Sample Employment Code of Conduct 293
Appendix 14: Sample Workplace Ethics Policy 303
Appendix 15: Sample Religious Accommodation Personnel Policy 305
Appendix 16: Sample FMLA Policy and Forms 307
Appendix 17: Sample Neutral Leave of Absence Policy 321
Appendix 18: Sample Open-Door Policy 323
Appendix 19: Sample Orientation Form 327
Appendix 20: Sample Disciplinary Policy and Guide for Managers on Imposing Discipline 329
Appendix 21: Sample Personnel Policy on Workplace Violence 335
Appendix 22: Independent Contractor Agreement 339
Appendix 23: Workplace Agreement to Mediate and Arbitrate All Employment Disputes 345
Acknowledgments 349
About the Author 351
Index 353
