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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

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

Routledge Studies in Leadership Research

This book is a timely exploration in light of the heightened requirement of business for novel solutions to meet the varied economic, ethical and social challenges organisations face, related to fast paced technological developments, increasing global market competition and associated environmental impacts and cultural inequality concerns.

This book is a timely exploration in light of the heightened requirement of business for novel solutions to meet the varied economic, ethical and social challenges organisations face, related to fast paced technological developments, increasing global market competition and associated environmental impacts and cultural inequality concerns.

A Relationship-centred Approach

LEADERSHIP AND DIVERSITY MANAGEMENT

Managing Aviation Operations

This book offers a comprehensive and management-oriented analysis of sustainability in the aviation industry. It examines aviation's crucial role in global mobility and economic development whilst also critically addressing its environmental, social and regulatory challenges. Readers will benefit by gaining a realistic, analytically sound framework for evaluating sustainability strategies in aviation. The book supports informed decision-making, helps to anticipate regulatory and market developments, and enables readers to better balance economic performance with environmental responsibility and social acceptance in a highly complex and globally interconnected industry.By adopting a holistic ESG perspective, the book integrates environmental impacts such as climate change and noise, social issues including equity, accessibility and labour conditions, and governance aspects like regulation, reporting and stakeholder accountability. Rather than presenting simplified solutions, it highlights trade-offs, uncertainties and long-term path dependencies that shape strategic decision-making in aviation. The structured approach combines conceptual foundations with industry-specific insights, covering regulation, technology, sustainability reporting and strategic management practices.The book is relevant for all managers in the aviation industry, whether they work for airlines, airports, air traffic control organisations, regulatory authorities or political decision-makers. It is particularly important for environmental managers throughout the aviation industry, but also for managers at a senior level, as sustainability is becoming a strategic issue of growing importance. In addition, the book is valuable for students in aviation management programmes as well as for students in related fields such as aeronautical engineering and tourism management.

Management, Technologies and Accountability

Aviation and Sustainability

Outlines the urgent response needed to address privatization, which has led to dramatic but largely overlooked consequences for human rights.

Governments around the world are privatizing everything, with dramatic but largely ignored negative consequences for human rights. This open access book outlines the response that is urgently needed.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

The objective of a business continuity plan is to ensure that your business will be able to continue operating in the event of a disruption in service caused by a natural or man-made incident. This book provides a framework for businesses to assess their general and specific risks, determine measures to counter these risks, and establish a business continuity plan that will work regardless of the type of disruptive event. Written by a leading expert in the field, this text is a must-read for experienced professionals as well as those just starting out.

The objective of a business continuity plan is to ensure that your business will be able to continue operating in the event of a disruption in service caused by a natural or man-made incident. This book provides a framework for businesses to assess their general and specific risks, determine measures to counter these risks, and establish a business continuity plan that will work regardless of the type of disruptive event. Written by a leading expert in the field, this text is a must-read for experienced professionals as well as those just starting out.

How to Build an End to End Business Continuity Program

Modern Studies in European Law

This open access book challenges the existing focus in EU citizenship scholarship which overlooks the limitations of free movement for atypical workers. Arguing that the deliberately vague EU concept of 'work' allows for its restricted application in Member States, the book shows how many workers and economic contributors are left out of the free movement regime. It does this by taking a mixed methods approach: relying on both qualitative case studies and legal analysis of EU and UK legislation, case law, and decision maker guidance. All this leads to a significant and original argument that, if EU free movement rights are awarded on the basis of market credentials, more must be done to work towards a more contemporary, accurate and inclusive market citizenship. Provocative and thought-provoking, this book will appeal to all scholars of EU free movement law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI.

Free Movement Rights for Atypical Workers

The Market Citizenship Illusion

Although some businesses have developed strategies for managing short-term disruptions, many do not have systems or resources in place for the long-term consequence management of catastrophic events that could lead to failure. This book is unique in that it gives practical, concise guidelines to the corporate manager in the event of any crisis or physical catastrophe, from a kidnapping to a collapsing building, that creates long term effects for business property, employees or customers.

Although some businesses have developed strategies for managing short-term disruptions, many do not have systems or resources in place for the long-term consequence management of catastrophic events that could lead to failure. This book is unique in that it gives practical, concise guidelines to the corporate manager in the event of any crisis or physical catastrophe, from a kidnapping to a collapsing building, that creates long term effects for business property, employees or customers.

Corporate Management in a Physical Crisis

Routledge Studies in Innovation, Organizations and Technology

The traditional narrative of innovation often centers around the firm, overlooking the role of the customer as the ultimate judge and beneficiary of innovations. This book challenges the firm's right to define innovation, advocating instead for a customer-centric approach.The ultimate aim of this book is to help innovate both for and with the most critical stakeholder-the customer. To achieve this aim, the book explores various aspects of the customer perspective on innovation through five parts: 1) strategies for increasing market attractiveness through innovation, 2) commercial innovation, 3) social innovation, 4) digital innovation, and 5) innovation outcomes and prospects. Drawing on recent research from national innovation indexes in Norway, Finland, Sweden, Denmark, Spain, Belgium, and the USA, the book presents ideas and examples that explain how adopting the customer perspective on innovation can help transform challenges into opportunities and achieve higher returns.By exploring customer-oriented strategies and discussing the implications of commercial, social, and digital innovations, the book provides a detailed guide for leaders, innovators, entrepreneurs, and students to navigate the complexities of modern business environments. It will be a valuable resource for scholars of innovation management, strategic management, and marketing.

Exploring Commercial, Social, and Digital Innovation from the Customer Perspective

BA kompakt

Kundenzufriedenheit hängt in hohem Maße davon, ob es Anbietern gelingt, eine Dienstleistung oder eine Ware zur richtigen Zeit, am richtigen Ort, in der richtigen Qualität und Menge bereitzustellen. Die Autoren vermitteln in dem Lehrbuch ein fundiertes Verständnis für präventives Qualitätsmanagement und für die Instrumente der Qualitätsplanung, -lenkung, -sicherung und -verbesserung. Der Stoff ist auf das Bachelor-Studium zugeschnitten und lerngerecht aufbereitet: mit Aufgaben und Lösungen, Beispielen aus der Praxis und anschaulichen Abbildungen.

Kundenzufriedenheit und Kundenloyalität wird in hohem Maße durch die Fähigkeit des Anbieters beeinflusst, eine Dienstleistung oder ein Sachgut zum richtigen Zeitpunkt, am richtigen Ort, in der richtigen Qualität und in der richtigen Menge bereitzustellen. Das vorliegende Buch erläutert die wichtigsten Werkzeuge und Konzepte, mit denen es gelingt, kurze Lieferzeiten und eine hohe Lieferzuverlässigkeit für den Kunden zu gewährleisten, ohne auf kostspieliges "troubleshooting", große Kapazitätspuffer und hohe Bestände zurückgreifen zu müssen. Für die Dienstleister werden die Besonderheiten der Erstellung und Beschaffung von Dienstleistungen dargestellt.Anschaulich und praxisnah ermitteln die Autoren ein fundiertes Verständnis für präventives Qualitätsmanagement und für die Aufgaben und Instrumente der Qualitätsplanung, -lenkung, -sicherung und -verbesserung. Das Lehrbuch ist auf das Curriculum des Bachelor-Studiums an Berufsakademien zugeschnitten und ebenso geeignet für Bachelor-Studenten an Hochschulen und Fachhochschulen. Aufgaben mit Lösungen am Ende jedes Kapitels erleichtern das Selbststudium.

Dienstleistung und Produktion

This essential textbook will equip students to understand the frameworks, tools and mindsets needed to design inclusive, experience-driven learning in organizations. Experience-driven Learning Design by William Rothwell, Mihee Park, Renee Ford and Heidi Watson-Held is ideal for postgraduate students taking modules in Learning and Development, Learning Experience Design and Talent Management as part of their Human Resources Management degrees. This textbook moves beyond the traditional Instructional Systems Design (ISD) framework to consider Learning Experience Design (LXD), focusing on learner-centric experiences within training and development. This textbook includes: -The foundations of LXD, a flexible, personalized and engaging learning framework that is learner-centered and experience-driven -The Empowered Learning Cycle (ELC) model, that blends cognitive psychology, user experience (UX) and data-informed strategies to help students design learning experiences in real-world contexts -Global examples drawn from multinational corporations, tech startups and the healthcare sector, allowing students to gain practical insight into how LXD principles are applied across diverse cultural and organizational settings

Global Theory, Practice and Innovation for Learning and Development

Learning Experience Design (LXD)

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 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. The focus in the book therefore is on developing an understanding of a future-oriented perspective on learning that sees learning as interactive and not one-dimensional, in which learners take personal responsibility but also recognize the need for co-creation and collaboration in effective learning. Fundamentally, understanding the contribution our learning makes to personal and organizational success and the effective processes for undertaking and supporting our own and others learning and development are therefore essential requirements in the current and future workplace that this book will seek to explore.Managerial and Professional Learning and Development is organized in three sections:Part 1 will discuss the business case for learning and development and discuss the role, importance and contribution of learning and development at the organizational level. Part 2 will focus on the individual learner and the processes of personal and professional development at the individual level. Part 3 will look at the application of these principles to a number of key contexts and environments. Consideration will be given to the roles of community, ethics and culture as well as individual characteristics (values, beliefs, personality, and behaviors) and their relationships with the context explored.The authors' experience which combines academic and professional expertise in learning and development lends itself to such an approach, and the book is intended to support these practices through the inclusion of cases and examples from organizations. Managerial and Professional Learning and Development is focused at the postgraduate market and will appeal to both MBA and MSc students who are studying on programmes which include a focus on considering their learning and development and the role and contribution of these to the organization.

Managerial and Professional Learning and Development

The Employment Law Manual

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