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The Employer’s Legal Advisor

Book Description

The Employer's Legal Advisor

Renowned attorney Thomas Hanna has more than 40 years of experience representing high-profile businesses and winning hundreds of cases. Now he reveals practical advice for reducing the possibility of a lawsuit and for winning a case if it does go to court. Readers will discover how to:

  • Investigate problems and learn why they happen.

  • Handle problem employees effectively.

  • Keep thorough documentation during a disciplinary action.

  • Know when and how to work with an attorney.

  • Avoid illegal use of e-mail, video monitoring, and other devices to "snoop" on employees.

  • Be an effective witness if a case comes to trial.

Table of Contents

  1. Copyright
  2. Acknowledgments
  3. Introduction
    1. The Costs of Litigation
    2. The Employer’s Need to Act
  4. Employment Law at Work
    1. The Burden on the Employer
    2. If It Can Be Filed, It Will Be Filed
    3. Discrimination Cases
    4. Defending Your Company
    5. Employer’s Legal Pad—Chapter One Checklist
  5. Good Intentions Are Only a Start
    1. A Shock to the Client
    2. Shielding Yourself from Charges of Discrimination
    3. Constructive Discharge and Other Claims
    4. Employer’s Legal Pad—Chapter Two Checklist
  6. Eliminating Problems Before They Arise
    1. Prompt Correction of Employees
    2. Employee Reviews of the Company
    3. Following Through on Complaints
    4. It’s Not Only What You Say But How You Say It
    5. Employer’s Legal Pad—Chapter Three Checklist
  7. Communications Strategies to Help You Avoid Legal Woes
    1. Maintaining a Presence with Your Employees
    2. Publishing a Sexual Harassment Policy
    3. Interpreting Employee Behavior
    4. Employer’s Legal Pad—Chapter Four Checklist
  8. Investigating Problems and Preserving Evidence
    1. Investigations
    2. Preserving the Facts
    3. Getting It in Their Own Words
    4. Confronting the Employee with the Facts
    5. Dealing with Difficult Witnesses
    6. The Case of the Jerk of a Manager
    7. Knowing the Employee’s Excuse
    8. Employer’s Legal Pad—Chapter Five Checklist
  9. Knowing Why Things Happen Strengthens Your Case
    1. Digging Deep for Why
    2. Checking the Record
    3. Employer’s Legal Pad—Chapter Six Checklist
  10. Trusting but Verifying
    1. Looking for Lies
    2. The Power of the Lie
    3. Employer’s Legal Pad—Chapter Seven Checklist
  11. Advantages and Pitfalls of Electronic Devices
    1. Telephones and Tape Recorders
    2. Videocameras and Videotaping
    3. E-Mail and Electronic Transmissions
    4. Handling Misuse of Company Electronics Through Monitoring
    5. Employer’s Legal Pad—Chapter Eight Checklist
  12. Making Your Decision
    1. Taking the First Steps
    2. “Stale” Offenses
    3. Zero Tolerance
    4. Other Factors to Consider
    5. Employer’s Legal Pad—Chapter Nine Checklist
  13. Implementing Your Decision
    1. Direct Evidence (or the Lack Thereof)
    2. Being Honest with Employees
    3. Employer’s Legal Pad—Chapter Ten Checklist
  14. Paperwork and Reality
    1. Employee Evaluations
    2. Avoiding Haste in Completing Paperwork
    3. Writing the Disciplinary Report
    4. Employer’s Legal Pad—Chapter Eleven Checklist
  15. Unemployment Compensation Claims
    1. Providing the Necessary Information
    2. Hearsay Testimony
    3. Testifying at the Hearing
    4. Employer’s Legal Pad—Chapter Twelve Checklist
  16. Problem Employees
    1. Alcohol and Drug Use
    2. The Attendance Problem
    3. Criminal Behavior
    4. The Dangerous Employee
    5. The Insubordinate Employee
    6. The Troublemaker
    7. The Thief
    8. Employer’s Legal Pad—Chapter Thirteen Checklist
  17. Employees with Special Issues
    1. The Accident-Prone and Workers Compensation Claimants
    2. The Disabled Employee
    3. Employer’s Legal Pad—Chapter Fourteen Checklist
  18. Things You Should Know
    1. Avoiding Do-It-Yourself Employment Law
    2. Hiring an Attorney
    3. Deciding Whether to Fight or Settle
    4. Working with an Attorney
    5. How to Be a Good Witness
    6. Employer’s Legal Pad—Chapter Fifteen Checklist
  19. Final Thoughts
  20. Summary of Key Employment Laws
  21. Glossary of Terms
  22. Quick Reference Guide
  23. Sample Consent Form for Electronic Monitoring
  24. Sample Rules of Conduct
  25. Sample Drug and Alcohol Testing Policy
    1. Objective
    2. Policy
    3. Preemployment Testing
    4. Testing of Employees
    5. Laboratory
    6. Testing Procedures
    7. Positive Test Result
    8. Voluntary Rehabilitation
    9. Conviction of a Drug-Related Offense
    10. Acknowledgment of Receipt of Substance Abuse Policy
  26. Sample No-Fault Attendance Policy
    1. Definitions
    2. Basic Obligations
    3. How the Policy Works
    4. Excused Absences
    5. Clearing the Record of Points
    6. Special Review
  27. Sample Harassment and Sexual Harassment Policy
  28. Index