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
Preface xiii
Chapter 1 An Introduction to Workplace Law 1
Chapter 2 What Managerial Personnel Need to Know About the Law of the Workplace 5
A. The At- Will Employment Rule in Theory 5
B. The At- Will Employment Rule in Practice 7
C. Employment Contracts 7
D. Federal and State Employment Discrimination Laws 9
E. Common Law Doctrines Bearing Upon Employment 13
F. Personal Legal Liability of Management Personnel 16
G. Potential Criminal Law Exposure for Workplace Problems 16
H. Potential Legal Exposure from Employment- Related Lawsuits 18
I. Heightened Exposure for Attorney's Fees in Employment Litigation 19
Concluding Points 21
Chapter 3 Strategies for Effectuating Fair and Just Terminations 23
A. Legal Problems Issues in Terminating Older Employees 24
B. Compliance Issues in Offering Releases to Older Workers 25
C. Severance Obligations in the Termination Process 26
D. How to Effectuate Fair and Just Terminations and Avoid Charges of Discrimination 27
E. Negotiating Releases with Terminated Employees 36
Concluding Points 43
Chapter 4 Avoiding Sexual Harassment Problems in the Workplace 45
A. What Is Illegal Sexual Harassment? 46
B. The Difficulties in Defending Sexual Harassment Charges 51
C. Legal Exposure Stemming from Sexual Harassment 58
D. Strategies to Avoid Charges of Sexual Harassment 58
E. Staying Clear of the Sexual Harassment "Danger Zone" 65
Concluding Points 67
Chapter 5 Strategies for Effective Hiring 69
A. The Importance of Job Applications 70
B. Interviewing Dos and Don'ts 74
C. Best Practices in Interviewing 77
D. Issues with Testing of Applicants 80
E. Proper Documentation of the Employment Relationship 84
Concluding Comments 86
Chapter 6 Getting Employee Orientation and Education Right 87
A. The Role of Personnel Policies and the Essentials of Any Employee Handbook 87
B. Safeguarding Employee Loyalty 96
C. The Importance of Employee Orientation and Training 99
D. Dissemination of Personnel Policies and Employee Handbooks 100
Concluding Points 102
Chapter 7 Strategies for Handling Employee Evaluation and Disciplinary Matters 105
A. Employment Discrimination Problems in the Workplace 106
B. Practical Strategies to Avoid Employment Discrimination in the Workplace 111
C. How Plaintiffs' Attorneys Put Management Personnel on Trial to Prove Discrimination by Circumstantial Evidence (and What the Process Should Teach Supervisors About Employee Evaluation and Discipline) 114
D. Conducting Effective and Appropriate Performance Evaluations 116
E. Imposing Effective Disciplinary Measures Against Employees 121
Concluding Points 125
Chapter 8 Dealing with Serious Employee Problems and Problem Employees 127
A. Conducting Effective Investigations of Serious Employee Misconduct 128
B. Methods for Conducting Interviews 131
C. Issues with Polygraph Testing and Other Intrusive Investigatory Techniques 135
D. Workplace Privacy Concerns 137
E. Concluding the Workplace Investigation 139
Concluding Points 140
Chapter 9 Managing Workplace Issues Arising from Electronic Communications and Internet Access 143
A. Workplace Laws in Cyberspace 144
B. Risk Management of the Electronic Workplace 148
Concluding Points 150
Chapter 10 Dealing with Substance Abuse and Violence in the Workplace 151
A. Strategies for Managing Employees with Drug and Alcohol Abuse Problems 151
B. Proper Handling of Workplace Violence Situations 154
Concluding Points 156
Chapter 11 Strategies for Managing Nontraditional Employment Relationships: Contingent Workers, Telecommuters, and Independent Contractors 157
A. Risks of Co- employment Liability 159
B. Dealing with Nontraditional Employment Relationships 163
Concluding Points 165
Chapter 12 Additional U.S. Employment Laws That Management Personnel Should Know About 167
A. Wage and Hour Laws 167
B. Laws Regarding Unions 171
C. Immigration Laws 173
D. Family and Medical Leave of Absence Laws 174
E. Safety and Health Laws 175
F. Employee Benefits Laws and COBRA 176
G. Veterans' Rights Laws 178
H. Laws Impacting Mass Layoffs and Plant Closings 178
I. Affirmative Action Laws 179
J. Laws Regarding Employee Health Information 182
K. Workers' Compensation Laws 184
L. Unemployment Insurance Laws 185
Concluding Points 186
Chapter 13 Understanding the Keys to Proper Personnel Documentation 189
A. How Properly Maintained Documentation Can Assist in Employee Relations and Preventing Employment- Related Lawsuits 190
B. Avoiding Record- Keeping Hotspots 194
C. Document Retention Policies 196
Concluding Points 197
Chapter 14 What Employers Should Know About the Process of Defending Employment- Related Litigation 199
A. The Litigation Process 199
B. The Stages of a Lawsuit 203
C. Settling and Resolving Employment- Related Litigation 207
D. Workplace Arbitration 209
Concluding Points 213
Chapter 15 Employment Practices Liability Insurance 215
A. Why Most Business and Personal Insurance Does Not Apply to Employment Practices Liability Claims 216
B. The Nature of EPLI Coverage 218
Concluding Points 222
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
