Overview

It has become the bane of every employer's existence: the dreaded lawsuit from a disgruntled employee. Accusations of discrimination, sexual harassment, and unlawful firing are just a few of the charges that can make managers and HR professionals feel powerless and overwhelmed. The Employer's Legal Advisor will help employers deal with such challenging situations -- and stop the wasted time, major expense, and low morale a legal action will cause.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.

Full Product Details

Author:   Thomas Hanna
Publisher:   Amacom
Imprint:   Amacom
Dimensions:   Width: 16.00cm , Height: 2.50cm , Length: 23.60cm
Weight:   0.370kg
ISBN:  

9780814409183

ISBN 10:   0814409180
Pages:   224
Publication Date:   16 May 2007
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Contents Acknowledgments ix Introduction 1 The Costs of Litigation 2 The Employer's Need to Act 3 Chapter One. Employment Law at Work 8 The Burden on the Employer 9 If It Can Be Filed, It Will Be Filed 12 Discrimination Cases 13 Defending Your Company 15 Chapter Two. Good Intentions Are Only a Start 19 A Shock to the Client 19 Shielding Yourself from Charges of Discrimination 21 Constructive Discharge and Other Claims 22 Chapter Three. Eliminating Problems Before They Arise 27 Prompt Correction of Employees 27 Employee Reviews of the Company 28 Following Through on Complaints 31 It's Not Only What You Say But How You Say It 34 Chapter Four. Communications Strategies to Help You Avoid Legal Woes 38 Maintaining a Presence with Your Employees 38 Publishing a Sexual Harassment Policy 42 Interpreting Employee Behavior 43 Chapter Five. Investigating Problems and Preserving Evidence 47 Investigations 48 Preserving the Facts 49 Getting It in Their Own Words 52 Confronting the Employee with the Facts 56 Dealing with Difficult Witnesses 59 The Case of the Jerk of a Manager 60 Knowing the Employee's Excuse 61 Chapter Six. Knowing Why Things Happen Strengthens Your Case 65 Digging Deep for Why 65 Checking the Record 68 Chapter Seven. Trusting but Verifying 73 Looking for Lies 73 The Power of the Lie 75 Chapter Eight. Advantages and Pitfalls of Electronic Devices 78 Telephones and Tape Recorders 78 Videocameras and Videotaping 81 E-Mail and Electronic Transmissions 83 Handling Misuse of Company Electronics Through Monitoring 86 Chapter Nine. Making Your Decision 90 Taking the First Steps 91 ``Stale'' Offenses 93 Zero Tolerance 94 Other Factors to Consider 96 Chapter Ten. Implementing Your Decision 101 Direct Evidence (or the Lack Thereof ) 102 Being Honest with Employees 103 Chapter Eleven. Paperwork and Reality 111 Employee Evaluations 111 Avoiding Haste in Completing Paperwork 114 Writing the Disciplinary Report 115 Chapter Twelve. Unemployment Compensation Claims 118 Providing the Necessary Information 118 Hearsay Testimony 120 Testifying at the Hearing 121 Chapter Thirteen. Problem Employees 125 Alcohol and Drug Use 125 The Attendance Problem 126 Criminal Behavior 128 The Dangerous Employee 130 The Insubordinate Employee 132 The Troublemaker 132 The Thief 134 Chapter Fourteen. Employees with Special Issues 136 The Accident-Prone and Workers Compensation Claimants 136 The Disabled Employee 140 Chapter Fifteen. Things You Should Know 145 Avoiding Do-It-Yourself Employment Law 145 Hiring an Attorney 147 Deciding Whether to Fight or Settle 148 Working with an Attorney 151 How to Be a Good Witness 152 Final Thoughts 162 Summary of Key Employment Laws 165 Glossary of Terms 169 Appendix A. Quick Reference Guide 177 Appendix B. Sample Consent Form for Electronic Monitoring 181 Appendix C. Sample Rules of Conduct 185 Appendix D. Sample Drug and Alcohol Testing Policy 189 Appendix E. Sample No-Fault Attendance Policy 195 Appendix F. Sample Harassment and Sexual Harassment Policy 201 Index 205

Reviews

.. .a must read for all Human Resources Directors and for anyone charged with managing a staff. One of the best lay-level legal handbooks we've seen in the last two years. </p> -- The Electric Review </p>

.. .a must read for all Human Resources Directors and for anyone charged with managing a staff. One of the best lay-level legal handbooks we've seen in the last two years. -- The Electric Review

<p> &quot;...a must read for all Human Resources Directors and for anyone charged with managing a staff. One of the best lay-level legal handbooks we've seen in the last two years.&quot; <p> -- The Electric Review

.,. a must read for all Human Resources Directors and for anyone charged with managing a staff. One of the best lay-level legal handbooks we've seen in the last two years. <p> -- The Electric Review

Author Information

Thomas M. Hanna has practiced labor and employment law for more than 40 years and in 23 states, representing corporate clients ranging from small businesses to Fortune 500 companies.

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