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Maatman G: The Employment Law Manual

The Employment Law Manual

A Practical Guide for Business Owners, Managers, and Executives

Preface xiii Chapter 1 An Introduction to Workplace Law 1 Chapter 2 What Managerial Personnel Need to Know About the Law of the Workplace 5 A. The At- Will Employment Rule in Theory 5 B. The At- Will Employment Rule in Practice 7 C. Employment Contracts 7 D. Federal and State Employment Discrimination Laws 9 E. Common Law Doctrines Bearing Upon Employment 13 F. Personal Legal Liability of Management Personnel 16 G. Potential Criminal Law Exposure for Workplace Problems 16 H. Potential Legal Exposure from Employment- Related Lawsuits 18 I. Heightened Exposure for Attorney's Fees in Employment Litigation 19 Concluding Points 21 Chapter 3 Strategies for Effectuating Fair and Just Terminations 23 A. Legal Problems Issues in Terminating Older Employees 24 B. Compliance Issues in Offering Releases to Older Workers 25 C. Severance Obligations in the Termination Process 26 D. How to Effectuate Fair and Just Terminations and Avoid Charges of Discrimination 27 E. Negotiating Releases with Terminated Employees 36 Concluding Points 43 Chapter 4 Avoiding Sexual Harassment Problems in the Workplace 45 A. What Is Illegal Sexual Harassment? 46 B. The Difficulties in Defending Sexual Harassment Charges 51 C. Legal Exposure Stemming from Sexual Harassment 58 D. Strategies to Avoid Charges of Sexual Harassment 58 E. Staying Clear of the Sexual Harassment "Danger Zone" 65 Concluding Points 67 Chapter 5 Strategies for Effective Hiring 69 A. The Importance of Job Applications 70 B. Interviewing Dos and Don'ts 74 C. Best Practices in Interviewing 77 D. Issues with Testing of Applicants 80 E. Proper Documentation of the Employment Relationship 84 Concluding Comments 86 Chapter 6 Getting Employee Orientation and Education Right 87 A. The Role of Personnel Policies and the Essentials of Any Employee Handbook 87 B. Safeguarding Employee Loyalty 96 C. The Importance of Employee Orientation and Training 99 D. Dissemination of Personnel Policies and Employee Handbooks 100 Concluding Points 102 Chapter 7 Strategies for Handling Employee Evaluation and Disciplinary Matters 105 A. Employment Discrimination Problems in the Workplace 106 B. Practical Strategies to Avoid Employment Discrimination in the Workplace 111 C. How Plaintiffs' Attorneys Put Management Personnel on Trial to Prove Discrimination by Circumstantial Evidence (and What the Process Should Teach Supervisors About Employee Evaluation and Discipline) 114 D. Conducting Effective and Appropriate Performance Evaluations 116 E. Imposing Effective Disciplinary Measures Against Employees 121 Concluding Points 125 Chapter 8 Dealing with Serious Employee Problems and Problem Employees 127 A. Conducting Effective Investigations of Serious Employee Misconduct 128 B. Methods for Conducting Interviews 131 C. Issues with Polygraph Testing and Other Intrusive Investigatory Techniques 135 D. Workplace Privacy Concerns 137 E. Concluding the Workplace Investigation 139 Concluding Points 140 Chapter 9 Managing Workplace Issues Arising from Electronic Communications and Internet Access 143 A. Workplace Laws in Cyberspace 144 B. Risk Management of the Electronic Workplace 148 Concluding Points 150 Chapter 10 Dealing with Substance Abuse and Violence in the Workplace 151 A. Strategies for Managing Employees with Drug and Alcohol Abuse Problems 151 B. Proper Handling of Workplace Violence Situations 154 Concluding Points 156 Chapter 11 Strategies for Managing Nontraditional Employment Relationships: Contingent Workers, Telecommuters, and Independent Contractors 157 A. Risks of Co- employment Liability 159 B. Dealing with Nontraditional Employment Relationships 163 Concluding Points 165 Chapter 12 Additional U.S. Employment Laws That Management Personnel Should Know About 167 A. Wage and Hour Laws 167 B. Laws Regarding Unions 171 C. Immigration Laws 173 D. Family and Medical Leave of Absence Laws 174 E. Safety and Health Laws 175 F. Employee Benefits Laws and COBRA 176 G. Veterans' Rights Laws 178 H. Laws Impacting Mass Layoffs and Plant Closings 178 I. Affirmative Action Laws 179 J. Laws Regarding Employee Health Information 182 K. Workers' Compensation Laws 184 L. Unemployment Insurance Laws 185 Concluding Points 186 Chapter 13 Understanding the Keys to Proper Personnel Documentation 189 A. How Properly Maintained Documentation Can Assist in Employee Relations and Preventing Employment- Related Lawsuits 190 B. Avoiding Record- Keeping Hotspots 194 C. Document Retention Policies 196 Concluding Points 197 Chapter 14 What Employers Should Know About the Process of Defending Employment- Related Litigation 199 A. The Litigation Process 199 B. The Stages of a Lawsuit 203 C. Settling and Resolving Employment- Related Litigation 207 D. Workplace Arbitration 209 Concluding Points 213 Chapter 15 Employment Practices Liability Insurance 215 A. Why Most Business and Personal Insurance Does Not Apply to Employment Practices Liability Claims 216 B. The Nature of EPLI Coverage 218 Concluding Points 222 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

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

The definitive account of the harms that have come from deregulating venture capital financing and allowing startups to become gigantic while remaining private. The term "unicorn" for a private startup company worth $1 billion or more was coined to emphasize the rarity of such ventures. But today there are more than 1,500 of them, with a combined valuation of over $4 trillion. By remaining private, these corporate behemoths shield themselves from disclosure requirements, investor oversight, and market discipline--mechanisms designed to protect investors and the public from corporate wrongdoing. It's no coincidence that in recent years, a number of prominent startups have been the sites of founder misconduct and fraud. This wave of startup scandals exposes significant problems with the venture capital financing model and the deregulation that helped fuel the industry's explosive growth. Untamed Unicorns connects the most dramatic startup scandals, including FTX, Theranos, WeWork, and Uber, to structural flaws in the startup financing model. Detailing the deregulatory reforms &gt;As Renée M. Jones makes clear, allowing unicorn companies to run wild doesn't threaten only the sophisticated venture capitalists who finance Silicon Valley. When the largest startups go awry, the consequences are often severe for ordinary investors, employees, and the public at large. Revealing the risks inherent in the current system, Untamed Unicorns presents a roadmap for reform to restore proper boundaries between public and private securities markets.

Why Startup Finance Is Broken and How to Fix It

Untamed Unicorns

Rules of the Game

Sports Law and Society

Use this practical guide to develop a strategy of retaining the best talent. You need to blend "high-tech" candidate search tools with traditional "high-touch" relationship-based recruiting methods.

How to Attract and Retain the Best Talent By Improving the Candidate Experience

High-Tech High-Touch Recruiting

Navigate the MBA research journey with clear methodology, structure and confidence. Research Methods for MBA Students by Emmanuel Mogaji is a concise and practical textbook designed for postgraduate students undertaking business research modules and projects. Recognizing the time pressures and applied focus of MBA and Masters programs, it provides a structured pathway for completing a dissertation or company-based research project within tight deadlines. Mirroring the key stages of the research process, the book guides students through topic selection, refining research questions, conducting a focused literature review and choosing appropriate qualitative or quantitative methods. It then supports effective data collection, rigorous analysis and the presentation of meaningful, actionable findings. A distinctive three-month completion framework provides a clear timeline that aligns with MBA program structures, helping students manage milestones and maintain momentum. Grounded in real-world examples from organizations including AstraZeneca, Bentley Motors, the NHS, Holland and Barrett and Railway Operators, Emmanuel Mogaji connects academic research principles with applied business problem solving. This textbook includes: - Clear learning outcomes aligned to postgraduate research modules - Worked examples demonstrating each stage of the research process - Key concepts and terms to support methodological understanding - Exercise questions and real-world examples with applied tasks &gt;Supported by online lecturer slides and a comprehensive lecturer's manual with exercise answers, Research Methods for MBA Students equips postgraduate learners with the skills and structure needed to deliver credible, practice-oriented research.

Completing Projects and Dissertations

Research Methods for MBA Students

Six Leadership Actions to Bridge Perspectives, Strengthen Teams, and Create Value

All the Difference

Grounded in the latest research and practical experience in client organizations, this book provides a coherent theory of the leadership of groups. The authors show how this knowledge can be used to inspire and motivate groups to deliver positive spirals of performance at the individual, group and organisational levels.

Group Leadership

Global Health Diplomacy

There has been an increasing movement to place results at the heart of the agenda for social investments and development. Though development has a compelling value proposition a year of life can often be saved for a few hundred dollars there is skepticism to its ability to measure and manage programs for results. It is this skepticism which is at the heart of debates on the future of development. Managing Development for Results describes the results agenda in development, measurement and management approaches, and challenges on the ground. It is an easily accessible book which provides a comprehensive view on the innovative approach used to demonstrate compelling development results. The first section of the book covers the history and key components of the results agenda. The second section assesses how this is put into practice with innovative examples from global initiatives, foundations, civil society, private sector and country case studies. Finally, the book assesses the future role of the results-based agenda for a wide variety of development actors. It argues that results provide a "common currency" to coordinate and focus increasingly diverse partners on the core value of development, and communicate this to a wider audience. How results are built into development programs and the future development agenda will be illustrated as well. This book aims to target a wide audience in development, practitioners internationally and locally, management, business and philanthropy and those interested in international relations. It would also aim to appeal to a general audience interested in the future of development and whether it can achieve compelling results.

Managing Development For Results

The need for resilience at organisational, department and individual level has never been greater. Geopolitical conflict, climate change, supply chain disruption and political instability are just a handful of the risks that leaders must mitigate to ensure stable business operation and optimum effectiveness. Project resilience refers to the ability of a project or initiative to anticipate, adapt and recover from unexpected challenges, disruptions or uncertainties. It involves the capacity to withstand shocks, maintain functionality in the face of adversity, and quickly recover to a stable state. Resilient projects underpin resilient organisations; a resilient organisation produces sustainable competitive advantage. This book offers a structured framework - the Project Resilience Maturity Model - to assess and enhance resilience in organisations. The authors begin by considering different approaches to project resilience, and by identifying potential tensions therein. In the second part, methods of sustaining project resilience are examined, focusing on the perspective of the project manager, personal responsibility and the role of leadership. The latter part of the textbook provides practical tools and applications to assess and enhance project resilience. Throughout, the authors employ a pedagogical framework designed to ensure maximum effectiveness for students and practitioners. Chapters are organised to reflect the evolution of project resilience maturity, moving from early-stage compliance to strategic integration and transformative resilience. Concepts are introduced in a sequential order that builds on what has come before, with Key Takeaways summarising each chapter's most critical points. Fictional case studies illustrate how topics can be been implemented in a complex project management setting, while Key and Dormant Tensions highlight potential blind spots. Demystifying complex topics without sacrificing scholarly rigour, Project Resilience provides you with a strategic approach to ensuring projects are well-equipped to withstand uncertainties and adapt to dynamic conditions. It is the perfect textbook to support advanced Project Management and Organisational Resilience courses, and to provide practical methods for leading responsible organisations.

Navigating Tensions from Control to Transformation

Project Resilience

Effective strategic management education and practice must focus on the whole team rather than the individual - this book guides readers towards collaborative excellence in strategizing and decision-making by taking such an approach.Organized into four interlinked parts, this book offers readers the conceptual resources to critically rethink how strategic leadership capability can and should be developed in top management teams, along with practical interventions to implement this vision. Each chapter begins with a clear justification of its importance, asserting alignment and relevance. By laying out the objectives and drawing connections between chapters, teams are better positioned to see both the individual trees and the overarching forest of strategic management. A myriad of field-based insights and team-focused examples serve as a launchpad for collaborative discussions grounded in real-world dynamics. Readers will learn how to implement strategic management principles effectively, maximizing both individual and collective potential.With chapters supporting a modular executive education program, this exciting new title will also be a valuable resource for MBA students, advanced undergraduates, future business leaders, consultants, and reflective practitioners.The work is fully supported by a variety of online resources including downloadable participant handouts and templates for key exercises, together with an adaptable core slide deck.

Collaborative Success in Dynamic Environments

Strategic Management for Teams

Managerial and Professional Learning and Development seeks to provide readers with an understanding of the role and importance of learning and development at both individual and organizational levels. These represent essential individual skills and organizational capabilities that act to support competitive advantage and ensure that people and organizations can cope with the changing world and pressures created by the transformational working and business environments they face.

Managerial and Professional Learning and Development

The Employment Law Manual

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