It has become the bane of every employer’s existence: the dreaded lawsuit from a disgruntled employee. You and your company have always tried to treat all employees—even the most difficult ones—fairly and accordingly to the law. But at some point, you will inevitably face a lawsuit from a disgruntled employee. Newer, more stringent employment laws and our society’s rush to litigation have made employers more vulnerable than ever to charges of discrimination, sexual harassment, and unlawful dismissal, among other claims. While nothing can be more unnerving or upsetting than an unwarranted claim, lawsuits can be overcome—and even avoided. The Employer’s Legal Advisor will help employers deal with such challenging situations, protect themselves from actions that may result in a lawsuit, and prepare to deal with a trial if the case does go to court.
Thomas M. Hanna, a respected St. Louis attorney, has years of experience representing employers throughout the United States, and has litigated hundreds of cases before federal and state courts, governmental agencies, and in arbitration. Here he shows owners, managers, and human resources professionals how to protect their companies and themselves fairly and effectively. Hanna offers practical advice on how to deal with problem employees, emphasizing the importance of keeping the right documentation and following the correct procedures just in case you find yourself confronting a government agency, judge, or jury. He explains why you should listen to your workforce to discover possible problems, when and how to work with an attorney, and how to prepare to be a witness in a court case.
Filled with hard-won advice and illuminating examples, The Employer’s Legal Advisor will give you the tools you need to:
- Deal with problems before they escalate.
- Write a disciplinary report in order to document unsatisfactory employee behavior.
- Train managers and supervisors to speak up about problem employees.
- Prevent claims that unreported discrimination has gone on for months and years before a legal claim arises.
- Preserve evidence that may be needed if a charge is filed.
- Handle the four steps of a disciplinary action: the verbal warning, written warning, suspension, and discharge.
- Decide when to exercise "zero tolerance" in the case of misconduct.
- Set clear rules on alcohol and drug use, attendance, insubordination, and criminal behavior.
Complete with a summary of key employment laws, glossary of terms, sample consent forms for electronic monitoring, and policies for attendance and alcohol and drug use, this invaluable resource will help employers avoid the dangers that can cost them time and money, lower employee morale, and damage the reputation of the company. Now you can be in control, not at the mercy, of a potential lawsuit.