In Fundamentals of Personnel Law for Managers and Supervisors, you'll learn...
- Get the facts on exempt, nonexempt, overtime and other wage and hour issues
- How to conduct legally sound performance appraisals
- How to maintain airtight documentation of interviews, warnings and disciplinary actions
- How to terminate without inviting a lawsuit
- And much more!
Learn where employment law risks exist and get practical guidelines for treating employees fairly and staying out of court. You’ll get plain-English explanations of key employment laws as well as tips to keep you legally safe when making personnel decisions and interacting with workers.
WORKSHOP AGENDA
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Lawful interviewing and hiring+
- 3 tips for avoiding discrimination suits stemming from unfair recruitment and selection practices
- How to avoid making implied promises, offer letters and oral contracts that can be considered legally binding and ultimately jeopardize a company’s right to fire at will
- How to avoid the legal pitfalls unwary managers sometimes encounter when writing job descriptions and advertisements
- How to develop legally safe interview questions that allow you to focus on an applicant’s ability to perform job duties
- Proven—and legal—techniques for gathering accurate and candid information when you’re conducting background checks on or verifying the references of job candidates
Wage and hour laws, benefits and leave issues managers and supervisors must understand+
- Scheduling leave for workers covered by the provisions of the Family and Medical Leave Act—and how the law protects the worker’s right to return to work
- The penalties for bending the rules governing the differences between exempt and nonexempt employees
- Understanding the regulations governing overtime, minimum wage, compensatory time and other issues affecting workers’ wages and benefits
- A 20-point test for determining the difference between an employee and an independent contractor
- How to lawfully deal with workers you suspect of having drug, alcohol or other personal problems that may require an outside assistance program
Disciplinary actions, performance appraisals and annual reviews+
- Guidelines for conducting legally defensible performance evaluations
- The legal significance of using specific, clear and direct language when communicating with an employee about a performance problem
- How to avoid making emotionally charged statements that trigger a negative response during a discipline session—and lay the foundation for a lawsuit
- 6 actions you can take during disciplinary proceedings to reduce the risk of unfavorable legal action
- 4 guidelines for staying out of court when enforcing your organization’s personnel policies
- How to provide airtight documentation for any disciplinary problem
- Understanding your legal options when dealing with employees who abuse sick leave
Maintaining personnel records, paperwork and other documentation+
- The key information every employee file should contain to safeguard you and your organization against wrongful discharge, discrimination and negligent hiring suits
- Understanding federal and state statutes regarding employees’ rights to access personnel files
- Guidelines for maintaining the confidentiality of personnel files—particularly satellite files you keep in your office
- How to determine how long you must keep personnel records and forms
- Documentation can be a two-edged sword when an employee takes you to court—how to avoid the record-keeping and paperwork mistakes that can expose you and your organization to legal liability
How to avoid retaliatory and wrongful termination lawsuits+
- The most common ways managers and supervisors bungle the firing process—and how to avoid them
- Understanding the major exceptions to “employment at will”—and how to keep them from becoming the basis for a wrongful discharge suit
- Actions you can take to head off potential legal trouble after terminating an employee
- How to conduct a termination meeting that’s legally defensible in court
Avoiding discrimination in your daily interactions with workers+
- Understanding the various antidiscrimination laws and who the protected groups are
- Distinguishing between disparate treatment and disparate impact—find out why you may be discriminating despite your best intentions
- Understanding how the provisions of the Americans With Disabilities Act affect how you supervise employees with disabilities
- Practical tips for avoiding age discrimination claims when supervising older workers
- Understanding what sexual harassment is—and EEOC guidelines for preventing it in the workplace
- Insightful individual and group exercises for developing an awareness of what constitutes sexual harassment
Understanding workers’ privacy rights+
- What the law says about employee defamation and violation of confidentiality rights—you may be surprised at the legal impact of a chance remark to another worker or supervisor
- When you’re overstepping the law when it comes to monitoring mail and telephone calls, reading e-mail and computer files and searching lockers and offices
- The legal do’s and don’ts to keep in mind as you enforce the company’s dress code
- An overview of EEOC guidelines for testing employees—including alcohol and drug testing—without invading their privacy rights
Your legal obligations for ensuring worker safety+
- Actions you can take as a supervisor or manager to prevent lawsuits stemming from a workplace crisis, violent incident or traumatic event
- How to prevent the accidents and medical conditions that lead to workers’ compensation claims—and your obligations to an employee who files one
- How to ensure that federal, state and local safety ordinances are adhered to in your department or work unit and how to deal with workers who violate them
