The Employment Law Manual

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