Full Description

Few managers dread any task more than the hiring and firing of employees. The hiring process is long and full of unknowns, while the firing process adds layers of personal emotions to an already highly-charged situation. The Complete Hiring and Firing Handbook shows you how to take these difficult decisions and turn them into profitable and positive endeavors.

State-by-State Resources
Quick access to essential state agency’ contact information on employment security and new hire reporting is at your fingertips.

Recruitment Tools
Find better employees with job descriptions and applications that identify the worker you want.

Employee Handbook
Keep employment related problems to a minimum by crafting the perfect employee handbook to guide both employees and supervisors.

Filing Tips
See exactly what you need to do to fulfill your duties to the IRS and under FMLA, COBRA and HIPAA.

Red Flag Alerts
Stay out of trouble by providing the proper notices and forms—on time and to the right people.

Covers In Detail
HIRING
Evaluating the pros and cons of hiring
Avoiding discrimination claims
Recruiting
Spotting résumé fraud
Conducting interviews
Performing background checks
Making offers and sending rejections
Processing new hires

FIRING
Stating grounds for termination
Honoring protected leave
Stopping retaliation
Preventing wrongful
discharge claims
Giving notice
Providing severance
Giving references
Enforcing noncompete
agreements

Table of Contents

Introduction -

PART I—HIRING

Chapter 1: To Hire or Not to Hire
Staying Small
Alternatives to Hiring

Chapter 2: Eligibility for Employment
Child Labor
Foreign Workers
Relatives
Former Employees
Volunteers
Competitor’s Employees
Other Restrictions

Chapter 3: Discrimination -
Adverse Action
Disparate Treatment and Disparate Impact
Covered Employers
Counting Employees
Foreign Employment

Chapter 4: Specific Types of Discrimination -
Religion
Sex
Pregnancy, Childbirth, and Related Conditions
Age
Disability
Military and Veteran Status
Union Membership
Sexual Orientation
Genetics
Reverse Discrimination
Testers and Salts

Chapter 5: Procedures and Remedies for Discrimination
Filing a Charge
Processing a Charge
Available Remedies

Chapter 6: Job Description -
Contents of Description
Sample Job Description
Describing Duties

Chapter 7: Recruiting -
Classified Ads
Referral Bonuses

Chapter 8: Résumés and Résumé Fraud
Third-Party Liability
Remedies for Résumé Fraud

Chapter 9: Applications -
Sample Employment Application
Background Checks
Prescribed Summary of Consumer Rights

Chapter 10: Interviews
Disability-Related Questions
Open-Ended Questions
Employer Misrepresentations
Testing
Offers and Rejections
Sample Offer Letter

Chapter 11: Contracts of Employment
At-Will and Contract Employees
Employee Handbooks

Chapter 12: Noncompete and Other Agreements
Noncompete Agreements
Nonsolicitation Agreements
Confidentiality Agreements
Intellectual Property
Arbitration Agreements

Chapter 13: Requirements Applicable to New Employees
I-9 Requirements
Sample I-9, Employment Eligibility Verification form
New Hire Reports
Tax Withholding
Sample Form W-4
Earned Income Credit
Sample Form W-5
Statutory Employees and Non-Employees
Social Security Number Verification
Benefit Plan Participation
Training

PART II—FIRING

Chapter 14: The Decision-Making Process
Grounds for Termination
Progressive Discipline
Contractual Restrictions
Termination Procedure

Chapter 15: Voluntary and Involuntary Termination
Constructive Discharge

Chapter 16: Layoffs
Reductions-in-Force and Mass Layoffs

Chapter 17: Protected Status
Family and Medical Leave
Sample Request for Family or Medical Leave
Sample Certification of Health Provider
Military Leave
Jury Duty

Chapter 18: Retaliation
Employee Benefits
Whistleblowing
Financial Difficulties
Sarbanes-Oxley
Work-Related Injuries and Illnesses
Former Employees

Chapter 19: Strikes and Concerted Activities -
Replacing Striking Employees
Partial Strikes
Safety-Related Work Stoppages

Chapter 20: Wrongful Discharge

Chapter 21: The Firing Process
Giving Notice
Exit Strategies
Defamation
Additional Steps

Chapter 22: Final Pay and Continued Benefits
Final Pay
Health Insurance Continuation
Model COBRA Continuation Coverage Election Notice
Health Insurance Portability
Sample HIPAA Certificate of Coverage
Retirement Plans

Chapter 23: Severance Packages and Releases
Contents of Release
Taxability of Severance Payments

Chapter 24: References
Privilege
Compelled Self-Publication
Discrimination against Former Employees

Chapter 25: Enforcing Restrictive Covenants

Chapter 26: Unemployment Insurance
Misconduct and Quitting without Good Cause
Strikes
Claim Procedure
Trade Adjustment Assistance

Conclusion

Glossary

Appendix A: State Employment Security Agencies

Appendix B: Outline of Employee Handbook -

Appendix C: State New Hire Reporting Agencies

Index

About the Author

Excerpt

Editorial Reviews

Customer Reviews

Customer Reviews: