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Manager's Guide to Employment Law
Performance
Problems:
- Managers
need to apply the safest principles of progressive discipline and
termination
- Managers
are not correctly documenting verbal and written warnings
- Managers
are inconsistent in the hiring process increasing potential legal
exposure
- Managers
don't understand the affect of the ADA and "reasonable accommodation"
- Managers
need to know what you can and cannot ask in hiring interviews
- Managers
aren't sure how the FMLA applies to them and their employees or their
roles
- Managers
need to understand how to prevent harassment in the workplace
- Managers
can't be afraid of discrimination to where it keeps them from doing
their jobs
- Managers
need to understand their role in Worker's Compensation situations
- Managers
need to know the legal ramifications of the performance evaluation process
- Managers
haven't received employment law training
- Most
human resources training doesn't adequately focus on emphasizing
management's rights and responsibilities
Training
Solutions:
- Ensure
the consistency of management actions and performance
- Protect
company and employee interests fairly and
legally
- Hire,
fire and discipline employees in a legally safe manner
- Handle
sticky situations that fall into EEO gray areas more confidently
- Reduce
potential company exposure to discrimination or harassment complaints
- Maximize
management's rights within FMLA, ADA and EEO
interpretations
- Understand management's
responsibilities within DOL, DOJ and NLRB interpretations
- Develop
and enforce a safe progressive discipline process
- Maintain
legally correct department and employee files
- Ask
legally safe and effective interview questions
- Develop
legally safe job descriptions
- Address
personal problems, substance abuse and other sensitive issues brought to
the workplace safely
- Document
verbal and written warnings that will stand up under scrutiny
- Identify
and eliminate the most common causes of discrimination and harassment
complaints
- Obtain
more reliable hiring reference information
- Create
legally safe and insightful interview power questions
- Protect
ourselves and our managers with a management perspective emphasized employment law training
Manager's
Guide to Employment Law Course Outline:
I.
Managers and Employment Law
- Understanding
the legal minefield
- Identifying
who is a protected group
- Know the
differences between local, state and federal laws
- Understand
the manager's role in the Family and Medical Leave Act (FMLA)
- Understand
the Pregnancy Discrimination Act
- Review examples
of discrimination
- Understand
organizational and individual liabilities
II.
Smart and Safe Hiring Practices
- Identify
risky hiring practices
- Establish
a legally safe hiring process
- Understand
the impact of the American with Disabilities Act (ADA)
- Define
what is and what is not a reasonable ADA accommodation
- Develop
an ADA interview checklist
- Identify
legal interview questions that are safe to ask
- Conduct
an effective and safe reference checkf
III.
Actively Manage within the Law
- Maintaining
the "employment at will" relationship
- Identify
what is safe to keep in manager's files or records
- Develop
and implement a safe and consistent progressive discipline policy
- Understand
the legal ramifications of the performance evaluation process
- Safely
coach and counsel employees to improve performance
- Document
verbal and written warnings correctly
- Learn
how to work closely with Human Resources in cases of termination
- Know
and understand sexual harassment: causes and preventions
- Understand
the manager's role in Worker's Compensation situations
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