Dealing with problem employees : a legal guide: 2nd

ntroduction. The high cost of problem employees ; How this book can help ; Who should read this book ; Who should not read this book ; Icons used in this book -- What's your problem? Performance/Productivity problems ; Interpersonal problems ; Insubordination ; Excessive absenteeism and sick leave use ; Drugs and alcohol ; Theft and dishonesty ; Violence ; Morality issues -- Employment law basics. Employment at will ; Employment contracts ; Breaches of good faith and fair dealing ; Violations of public policy ; Discrimination and retaliation -- Performance evaluations. The benefits of an evaluation system ; The risks of the system ; Step 1: create job-related standards and goals ; Step 2: observe and document employee performance ; Step 3: conduct interim meetings to discuss progress and problems ; Step 4: conduct an end-of year evaluation -- Progressive discipline. Getting results with progressive discipline ; Using progressive discipline in your workplace ; Guidelines for effective discipline ; Preserve the at-will status of your employees ; A sample written progressive discipline policy -- Complaints and investigations. When is investigation necessary? ; Complaint policies and procedures ; Preparing to investigate ; Conducting interviews ; Written and physical evidence ; Employees' rights to privacy ; Making the decision -- Making the decision to fire. Is it time to consider firing? ; Making the decision to fire: an employer's checklist -- Planning for the aftermath. Legal constraints on what you say ; What to tell coworkers ; What to tell reference seekers ; Continuing health insurance ; Unemployment compensation ; Written explanations of the termination -- Severance and releases. Are you obligated to pay severance? ; If you have a choice, should you pay severance? ; Should you ask for a release? ; What should you offer? ; Writing a release ; Agreements to protect your business -- How to fire. The termination meeting ; The exit interview -- Looking forward. Improve your hiring process ; Workplace policies -- Hiring a lawyer. When to hire a lawyer ; How to find a good lawyer ; Legal fees ; Working with your lawyer ; Firing a lawyer -- Appendix. Federal agencies enforcing workplace laws ; Federal fair employment laws ; State laws prohibiting discrimination in private employment ; State agencies that enforce laws prohibiting discrimination in employment ; Labor departments ; State departments of insurance ; State OSHA laws ; State OSHA offices.