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From Hiring To Firing

The Legal Survival Guide for Employers

by Steven Mitchell Sack, Attorney at Law

Chapter 1. Initial Concerns

A. Advertisements and Brochures
B. Job Requirements
C. Affirmative Action
D. Applicant Screening
E. Employment Applications
F. Job Resumes
G. Immigation Checks
H. Discriminatory Interview Questions
I. Job Misrepresentation
J. Promises of Job Security
K. Checking References
L. Testing

Chapter 2. Negotiating and Confirming the Job

A. Confirm the Deal in Writing
B. Employment Agencies
C. Part-Time Positions
D. Independent Contractor Status
E. Effective Policies and Procedures

Chapter 3. On-The-Job Benefits

A. Flexibility to Alter Benefits
B. Meals, Transportation and Related Benefits
C. Common Overtime Problems
D. Employee Suggestions and Inventions
E. COBRA Developments
F. Health Benefits of Employees with AIDS
G. ERISA Concerns
H. Tuition Assistance
I. Potpourri of Concerns

Chapter 4. Protecting the Company From Dishonest Employees

A. Confidential Information and Trade Secrets
B. Duty of Loyalty and Good Faith
C. Restrictive Covenants and Covenants Not to Compete
D. Stealing Away Employees
E. Code of Ethics
F. Common Anti-Trust Violations

Chapter 5. Employee's Privacy Rights

A. Lie Detector Tests
B. Personnel Records
C. Off-Duty Surveillance
D. Credit Investigations
E. Medical Investigations
F. Searches
G. Interrogations
H. Wiretapping and Eavesdropping
I. Employee Testing
J. Drug and Alcohol Testing
K. Workplace Smoking
L. Constitutional Protections
M. Defamation and Related Concerns
N. Liability for Assaults

Chapter 6. Effective On-The-Job Policies

A. Appraisals and Performance Reviews
B. Communication and Complaints
C. Promotions, Demotions and Related Concerns
D. Progressive Discipline
E. Probationary Periods
F. Military Leave
G. Job Safety
H. Worker's Compensation

Chapter 7. Avoiding On-The-Job Discrimination

A. The Civil Rights Act of 1991
B. Older Workers Benefit Protection Act
C. American With Disabilities Act
D. Sex Discrimination
E. The Equal Pay Act of 1963
F. Pregnancy Discrimination
G. The Family and Medical Leave Act
H. Sex Harassment
I. Religious Discrimination
J. Racial Discrimination
K. Age Discrimination
L. Disability Discrimination
M. Retaliation Discrimination

Chapter 8. How To Fire Properly

A. Terms of Employment
B. Personnel Records
C. Progressive Discipline Guidelines
D. Employee Manuals
E. Employment Contracts
F. Statutory Considerations
G. Public Policy Exceptions
H. Implied Covenants of Good Faith and Fair Dealing
I. Implied Contract Exceptions
J. Discrimination Laws
K. Advantages of an Independent Review
L. Plant Closings
M. Employer Legal Options and Strategies

Chapter 9. Avoiding Defamation And Other Post-Termination Problems

A. Dealing with Potential Employers
B. The Exit Interview
C. Enforcement of Restrictive Covenants
D. Severance Policy
E. Tax Ramifications of Structuring Settlements
F. Defamation Concerns
G. Hidden Labor Issues When Buying Or Selling a Business
H. Unemployment Hearings

DISCLAIMER: This publication is designed to provide accurate and authoritive information in regard to the subject matter covered. It is made available with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

-- From a Declaration of Principals jointly adopted by a Committee of the American Bar Association.

From Hiring to Firing: The Legal Survival Guide for Employers
Copyright © 1995 by Steven Mitchell Sack

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