Dealing with Problem Employees : A Legal Guide

by Delpo, Amy

• ISBN13: 9781413307115
• ISBN10: 1413307116
• Edition: 4th
• Format: Paperback
• Copyright: 2007-10-15
• Publisher: Ingram Pub Services

Summary

Create a trouble-free workplace with progressive discipline, investigations and performance evaluations.

Author Biography

Amy DelPo is an author and consulting editor who specializes in employment and family law issues. She brings years of criminal and civil law experience to her work, having litigated cases in all levels of state and federal courts, including the California Supreme Court and the United States Supreme Court. She has written numerous employment law titles, including The Performance Appraisal Handbook, Dealing with Problem Employees, and Create Your Own Employee Handbook. Attorney Lisa Guerin has practiced employment law in government, public interest and private practice. She has authored several of Nolo's most popular HR law titles, including The Manager's Legal Handbook and Create Your Own Employee Handbook.

Table of Contents

Introduction
The High Cost of Problem Employees	p. 2
How This Book Can Help	p. 4
Who Should Read This Book	p. 5
Who Should Not Read This Book	p. 5
What's Your Problem?
Performance or Productivity Problems	p. 9
Interpersonal Problems	p. 11
Insubordination	p. 14
Excessive Absenteeism	p. 16
Drugs and Alcohol	p. 18
Theft and Dishonesty	p. 23
Violence	p. 24
Employment Law Basics
Employment at Will	p. 34
Employment Contracts	p. 37
Breaches of Good Faith and Fair Dealing	p. 46
Violations of Public Policy	p. 47
Discrimination and Retaliation	p. 49
Performance Evaluations
The Benefits of an Evaluation System	p. 77
Create Performance Objectives	p. 78
Observe and Document Employee Performance	p. 82
Conduct Interim Meetings to Discuss Progress and Problems	p. 87
Conduct the Year-End Evaluation	p. 89
Progressive Discipline
The Benefits of Progressive Discipline	p. 106
The Steps of Progressive Discipline	p. 108
How Progressive Discipline Works	p. 116
Guidelines for Avoiding Legal Trouble	p. 123
Sample Progressive Discipline Policy	p. 128
Complaints and Investigations
When Investigation Is Necessary	p. 133
Complaint Policies and Procedures	p. 135
Preparing to Investigate	p. 139
Conducting Interviews	p. 143
Written and Physical Evidence	p. 154
Employees' Rights to Privacy	p. 155
Making the Decision	p. 159
Dispute Resolution Programs
Types of Alternative Dispute Resolution	p. 169
Which Procedures Are Right for Your Company?	p. 178
Tips for Creating an Effective Program	p. 181
Making the Decision to Fire
Is It Time to Consider Firing?	p. 186
Making the Decision to Fire: An Employer's Checklist	p. 190
Planning for the Aftermath
Legal Constraints on What You Say	p. 206
What to Tell Coworkers	p. 208
What to Tell Reference Seekers	p. 209
Continuing Health Insurance	p. 215
Unemployment Compensation	p. 216
Written Explanations of the Termination	p. 218
Severance and Releases
Are You Obligated to Pay Severance?	p. 246
Should You Pay Severance?	p. 250
Should You Ask for a Release?	p. 252
What Should You Offer?	p. 254
Writing a Release	p. 257
Agreements to Protect Your Business	p. 263
How to Fire
The Termination Meeting	p. 269
The Exit Interview	p. 282
Looking Forward
Improve Your Hiring Process	p. 295
Workplace Policies	p. 313
Researching the Law and Hiring a Lawyer
When to Hire a Lawyer	p. 331
How to Find a Good Lawyer	p. 334
Legal Fees	p. 337
Working With Your Lawyer	p. 339
Firing a Lawyer	p. 340
Doing Your Own Legal Research	p. 341
Appendix
Federal Agencies That Enforce Workplace Laws	p. 346
Federal Fair Employment Laws	p. 346
State Laws Prohibiting Discrimination in Private Employment	p. 349
Agencies That Enforce Laws Prohibiting Discrimination in Employment	p. 364
Departments of Labor	p. 368
State Departments of Insurance	p. 387
Index
Table of Contents provided by Ingram. All Rights Reserved.