Dealing With Problem Employees A Legal Guide

By Attorneys Amy DelPo & Lisa Guerin, Nolo Press

Venue:

Description:

Take control of your problems and your workplace.

Do you have an employee who isn't performing, isn't producing or doesn't show up at all? Or does your workplace seem to be a breeding ground for all kinds of employee problems, large and small? No matter what the problem is, this book can help.

Dealing With Problem Employees

provides proven techniques -- and more importantly, immediate fixes -- for dealing with the inevitable problem employee.

Find out how to:

• avoid hiring problem employees
• recognize who is and isn't a problem employee
• help problem employees get back on track
• investigate problems and complaints
• conduct performance evaluations
• apply progressive discipline
• suspend employees
• fire employees
• handle severances and references
• institute effective policies and procedures

The 4th edition is completely updated to reflect the latest employment laws in your state, and provides a new chapter on using mediation to resolve workplace disputes. It also provides sample policies to help give you a trouble-free workplace.

Table of Contents

Introduction

• A. The High Cost of Problem Employees
• B. How This Book Can Help
• C. Who Should Read This Book
• D. Who Should Not Read This Book
• E. Icons Used in This Book

1. What's Your Problem?

• A. Performance or Productivity Problems
• B. Interpersonal Problems
• C. Insubordination
• D. Excessive Absenteeism
• E. Drugs and Alcohol
• F. Theft and Dishonesty
• G. Violence
• H. Morality Issues

2. Employment Law Basics

• A. Employment at Will
• B. Employment Contracts
• C. Breaches of Good Faith and Fair Dealing
• D. Violations of Public Policy
• E. Discrimination and Retaliation

3. Performance Evaluations

• A. The Benefits of an Evaluation System
• B. Step 1: Create Performance Objectives
• C. Step 2: Observe and Document Employee Performance
• D. Step 3: Conduct Interim Meetings to Discuss Progress and Problems
• E. Step 4: Conduct the Year-End Evaluation

4. Progressive Discipline

• A. Getting Results With Progressive Discipline
• B. Using Progressive Discipline in Your Workplace
• C. Guidelines for Effective Discipline
• D. Sample Written Progressive Discipline Policy

5. Complaints and Investigations

• A. When Investigation Is Necessary
• B. Complaint Policies and Procedures
• C. Preparing to Investigate
• D. Conducting Interviews
• E. Written and Physical Evidence
• F. Employees' Rights to Privacy
• G. Making the Decision

6. New Chapter

• A. Types of Alternative Dispute Resolution
• B. Which Procedures Are Right for Your Company?
• C. Tips for Creating an Effective Program

7. Making the Decision to Fire

• A. When to Consider Firing
• B. Making the Decision to Fire: An Employer's Checklist

8. Planning for the Aftermath

• A. Legal Constraints on What You Say
• B. What to Tell Coworkers
• C. What to Tell Reference Seekers
• D. Continuing Health Insurance
• E. Unemployment Compensation
• F. Written Explanations of the Termination

9. Severance and Releases

• A. Are You Obligated to Pay Severance?
• B. If You Have a Choice, Should You Pay Severance?
• C. Should You Ask for a Release?
• D. What Should You Offer?
• E. Writing a Release
• F. Agreements to Protect Your Business

10. How to Fire

• A. The Termination Meeting
• B. The Exit Interview

11. Looking Forward

• A. Improve Your Hiring Process
• B. Workplace Policies

12. Hiring a Lawyer

• A. When to Hire a Lawyer
• B. How to Find a Good Lawyer
• C. Legal Fees
• D. Working With Your Lawyer
• E. Firing a Lawyer
• F. Doing Your Own Legal Research

Appendix

• Federal Agencies That Enforce Workplace Laws
• Federal Fair Employment Laws
• State Laws Prohibiting Discrimination in Private Employment
• Agencies That Enforce Laws Prohibiting Discrimination in Employment
• Departments of Labor
• State Departments of Insurance
• State OSHA Laws and Offices

Index