The Complete Hiring and Firing Handabook; Every Manager's Guide to Working with Employees- Legally Book

Introduction

PART I-HIRING

Chapter 1: To Hire or Not to Hire
Staying Small
Alternatives to Hiring

Chapter 2: Eligibility for Employment
Child Labor
Foreign Workers
Relatives
Former Employees
Volunteers
Competitor’s Employees
Other Restrictions

Chapter 3: Discrimination
Adverse Action
Disparate Treatment and Disparate Impact
Covered Employers
Counting Employees
Foreign Employment

Chapter 4: Specific Types of Discrimination
Religion
Sex
Pregnancy, Childbirth, and Related Conditions
Age
Disability
Military and Veteran Status
Union Membership
Sexual Orientation
Genetics
Reverse Discrimination
Testers and Salts

Chapter 5: Procedures and Remedies for Discrimination
Filing a Charge
Processing a Charge
Available Remedies

Chapter 6: Job Description
Contents of Description
Sample Job Description
Describing Duties

Chapter 7: Recruiting
Classified Ads
Referral Bonuses

Chapter 8: Résumés and Résumé Fraud
Third-Party Liability
Remedies for Résumé Fraud

Chapter 9: Applications
Sample Employment Application
Background Checks
Prescribed Summary of Consumer Rights

Chapter 10: Interviews
Disability-Related Questions
Open-Ended Questions
Employer Misrepresentations
Testing
Offers and Rejections
Sample Offer Letter

Chapter 11: Contracts of Employment
At-Will and Contract Employees
Employee Handbooks

Chapter 12: Noncompete and OtherAgreements
Noncompete Agreements
Nonsolicitation Agreements
Confidentiality Agreements
Intellectual Property
Arbitration Agreements

Chapter 13: Requirements Applicable to New Employees
I-9 Requirements
Sample I-9, Employment Eligibility Verification form
New Hire Reports
Tax Withholding
Sample Form W-4
Earned Income Credit
Sample Form W-5
Statutory Employees and Non-Employees
Social Security Number Verification
Benefit Plan Participation
Training

PART II-FIRING

Chapter 14: The Decision-Making Process
Grounds for Termination
Progressive Discipline
Contractual Restrictions
Termination Procedure

Chapter 15: Voluntary and Involuntary Termination
Constructive Discharge

Chapter 16: Layoffs
Reductions-in-Force and Mass Layoffs

Chapter 17: Protected Status
Family and Medical Leave
Sample Request for Family or Medical Leave
Sample Certification of Health Provider
Military Leave
Jury Duty

Chapter 18: Retaliation
Employee Benefits
Whistleblowing
Financial Difficulties
Sarbanes-Oxley
Work-Related Injuries and Illnesses
Former Employees

Chapter 19: Strikes and Concerted Activities
Replacing Striking Employees
Partial Strikes
Safety-Related Work Stoppages

Chapter 20: Wrongful Discharge

Chapter 21: The Firing Process
Giving Notice
Exit Strategies
Defamation
Additional Steps

Chapter 22: Final Pay and Continued Benefits
Final Pay
Health Insurance Continuation
Model COBRA Continuation Coverage Election Notice
Health Insurance Portability
Sample HIPAA Certificate of Coverage
Retirement Plans

Chapter 23: Severance Packages and Releases
Contents of Release
Taxability of Severance Payments

Chapter 24: References
Privilege
Compelled Self-Publication
Discrimination against Former Employees

Chapter 25: Enforcing Restrictive Covenants

Chapter 26: Unemployment Insurance
Misconduct and Quitting without Good Cause
Strikes
Claim Procedure
Trade Adjustment Assistance

Conclusion

Glossary

Appendix A: State Employment Security Agencies

Appendix B: Outline of Employee Handbook

Appendix C: State New Hire Reporting Agencies

Index

About the Author