Table Of Contents
PREFACE
CHAPTER 1 INTRODUCTION
1.1 GENERAL SCOPE
1.2 THE NATURE AND ORIGIN OF THE EMPLOYMENT-AT-WILL RULE
1.3 EXCEPTIONS TO THE ABSOLUTE RIGHT TO TERMINATE AT WILL
1.4 PROTECTIONS AFFORDED UNION EMPLOYEES
1.5 SOURCES OF OBLIGATIONS
1.6 PREEMPTION AND THE INTERRELATIONSHIP OF STATE AND FEDERAL LAWS
1.7 GOVERNMENT EMPLOYEES
1.8 ROLE OF LEGAL COUNSEL
1.9 ABBREVIATIONS AND LEGAL CITATIONS
CHAPTER 2 STATE AND FEDERAL LAWS REGULATING DISCIPLINARY ACTION
2.1 OVERVIEW
2.2 STATUTORY RULES GOVERNING DISCIPLINARY ACTIONS
2.3 CONTRACTUAL LIMITATIONS ON DISCIPLINARY ACTIONS
2.4 JUDICIALLY-RECOGNIZED LIMITATIONS ON DISCIPLINARY ACTION
CHAPTER 3 THE THREE BRANCHES OF THE WRONGFUL DISCHARGE DOCTRINE
3.1 INTRODUCTION
3.2 PUBLIC POLICY EXCEPTION
3.3 EXPRESS AND IMPLIED AGREEMENTS TO TERMINATE ONLY FOR CAUSE
3.4 IMPLIED-IN-LAW COVENANT OF GOOD FAITH AND FAIR DEALING
CHAPTER 4 COMPANION CAUSES OF ACTION IN EMPLOYMENT LITIGATION
4.1 OVERVIEW OF CHAPTER
4.2 WRONGFUL DISCHARGE THEORIES
4.3 INFLICTION OF EMOTIONAL DISTRESS
4.4 DEFAMATION CLAIMS
4.5 WRONGFUL INTERFERENCE WITH CONTRACTUAL RELATIONS
4.6 CONSPIRACY CLAIMS
4.7 INVASION OF PRIVACY CLAIMS
4.8 MISREPRESENTATION AND FRAUD CLAIMS
4.9 FALSE IMPRISONMENT CLAIMS
4.10 LOSS OF CONSORTIUM
4.11 PROMISSORY ESTOPPEL
4.12 NEGLIGENT EVALUATION AND TERMINATION
4.13 NEGLIGENT HIRING, RETENTION, AND SUPERVISION
4.14 RETALIATION
4.15 DOCTRINE OF RESPONDEAT SUPERIOR
4.16 CONSTRUCTIVE DISCHARGE
CHAPTER 5 DUTIES OWED BY EMPLOYEES AND EMPLOYERS
5.1 DUTIES THAT ARISE FROM THE EMPLOYMENT RELATIONSHIP
5.2 EMPLOYEE DUTIES AND RESPONSIBILITIES
5.3 EMPLOYER DUTIES AND RESPONSIBILITIES/p>
CHAPTER 6 EVALUATING AND ADMINISTERING DISCIPLINARY ACTION
6.1 GENERALLY
6.2 PERFORMANCE PROBLEMS v. MISCONDUCT
6.3 FORMALIZATION OF DISCIPLINARY POLICIES
6.4 GENERAL GUIDELINES FOR FAIR DISCIPLINARY A
6.5 PROGRESSIVE DISCIPLINE AND WARNINGS
CHAPTER 7 PRACTICAL GUIDELINES FOR AVOIDING UNFAIR DISMISSAL CLAIMS
7.1 THE IMPORTANCE OF SOUND PERSONNEL PRACTICES
7.2 CAREFUL, FAIR, AND THOROUGH INVESTIGATIONS
7.3 TWO-ON-ONE RULE
7.4 PERSONNEL MANUAL PROVISIONS
7.5 GOOD DOCUMENTATION PRACTICES
7.6 INHERITING THE PROBLEM OF A WEAK SUPERVISOR
7.7 LONG-TERM EMPLOYEES WITH DISTORTED PERSONNEL RECORDS
7.8 SUPERVISOR TRAINING
7.9 EVALUATING THE PERFORMANCE OF THE PERFORMANCE EVALUATION SYSTEM
7.10 COORDINATION OF REFERENCE CHECKS
7.11 TERMINATION LETTERS
7.12 GLOWING RECOMMENDATIONS
7.13 GRIEVANCE AND OTHER DISPUTE RESOLUTION PROCEDURES
7.14 MANNER OF ADMINISTERING DISCHARGE DECISIONS
7.15 ALLOWING EMPLOYEES TO RESIGN
7.16 LOAN VERIFICATION STATEMENTS
7.17 DIARIES, LOGS, AND CALENDARS
7.18 INVESTIGATIVE MEMORANDA
7.19 RETENTION OF IMPORTANT RECORDS
7.20 POST-TERMINATION SAFEGUARDS
7.21 APPLICATION FORMS
7.22 ROLE OF LABOR COUNSEL
CHAPTER 8 POST-TERMINATION ACTIONS AND PROCEDURES
8.1 IMPORTANCE OF POST-TERMINATION PRACTICES
8.2 EXIT INTERVIEWS
8.3 ADMINISTERING INVOLUNTARY TERMINATIONS
8.4 BENEFIT ADMINISTRATION RESPONSIBILITIES
8.5 DISTRIBUTION OF FINAL PAY
8.6 RETURN OF COMPANY PROPERTY AND EQUIPMENT
8.7 SEVERANCE PAY PROGRAMS
8.8 SEVERANCE AGREEMENTS AND RELEASES
8.9 POLICIES ON REFERENCES
8.10 GLOWING REFERENCES
8.11 BLACKLISTING PROHIBITIONS
8.12 INSPECTION OF PERSONNEL FILES
8.13 OUTPLACEMENT ASSISTANCE
8.14 NOTIFICATION OBLIGATIONS UNDER UNEMPLOYMENT INSURANCE LAWS
8.15 UNEMPLOYMENT INSURANCE PROCEEDINGS
8.16 PROTECTION OF TRADE SECRETS AND CONFIDENTIAL INFORMATION
CHAPTER 9 PERFORMANCE EVALUATION AND APPRAISAL SYSTEMS
9.1 ROLE OF PERFORMANCE APPRAISAL SYSTEMS
9.2 OBJECTIVES OF EVALUATION SYSTEMS
9.3 GENERAL GUIDELINES FOR PERFORMANCE EVALUATION SYSTEMS
9.4 THE DEVELOPMENT OF A SYSTEM
9.5 ESTABLISHING PERFORMANCE STANDARDS
9.6 INTERIM EVALUATIONS
9.7 TRAINING SUPERVISORS
9.8 ROLE OF EMPLOYEES IN THE EVALUATION PROCESS
9.9 EVALUATIONS AS EVIDENCE
9.10 PERSONNEL MANUAL PROVISIONS
CHAPTER 10 UNEMPLOYMENT INSURANCE AND OTHER INCOME PROTECTION PROGRAMS
10.1 INCOME PROTECTION SYSTEMS
10.2 UNEMPLOYMENT INSURANCE SYSTEM
10.3 DISABILITY INSURANCE PROGRAM
10.4 SOCIAL SECURITY BENEFITS
CHAPTER 11 LAYOFFS AND STAFF REDUCTIONS
11.1 THE NEED TO ADDRESS STAFF REDUCTION ISSUES
11.2 THE NATURE OF STAFF REDUCTIONS AND OTHER CUTBACKS
11.3 IMPORTANCE OF CONSISTENCY BETWEEN JUSTIFICATIONS FOR CUTBACKS AND ACTIONS TAKEN
11.4 EMPLOYMENT DISCRIMINATION ISSUES
11.5 PERSONNEL POLICIES AND EMPLOYEE HANDBOOKS
11.6 MISCELLANEOUS ISSUES
11.7 ALTERNATIVES TO LAYOFFS
11.8 FEDERAL MASS LAYOFF AND BUSINESS CLOSING LAW
11.9 STATE MASS LAYOFF LAWS
CHAPTER 12 PERSONNEL POLICIES AND DISCIPLINARY GUIDELINES
12.1 RELEVANCE OF PERSONNEL POLICIES
12.2 CONTRACTUAL NATURE OF PERSONNEL POLICIES AND EMPLOYEE HANDBOOKS
12.3 POLICIES THAT REQUIRE SPECIAL ATTENTION
12.4 EFFECT OF DISCLAIMERS IN HANDBOOKS
12.5 STANDARDS OF PERFORMANCE AND DISCIPLINARY OFFENSES
12.6 THE USE OF AT-WILL POLICIES
12.7 DESCRIPTION OF DISCIPLINARY OFFENSES
12.8 PROGRESSIVE DISCIPLINE POLICIES
12.9 PERFORMANCE EVALUATION SYSTEMS
12.10 GRIEVANCE PROCEDURES
CHAPTER 13 THE EMPLOYEE POLYGRAPH PROTECTION ACT
13.1 INTRODUCTION
13.2 COVERAGE OF FEDERAL LAW
13.3 TYPES OF TESTS REGULATED
13.4 COMPLETE AND PARTIAL EXEMPTIONS
13.5 PROCEDURAL REQUIREMENTS APPLICABLE TO PARTIAL EXEMPTIONS
13.6 LIMITATIONS ON DISCLOSURES
13.7 POSTING REQUIREMENTS
13.8 RECORD-KEEPING AND INSPECTION RULES
13.9 ENFORCEMENT AND SANCTIONS
13.10 STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS
13.11 SAMPLE NOTICE TO EXAMINEE
CHAPTER 14 LIMITATIONS ON REMEDIES AND DEFENSES
14.1 OVERVIEW OF CHAPTER
14.2 MANAGERIAL DISCRETION AND KEY EMPLOYEES
14.3 ROLE OF JURIES IN BREACH OF CONTRACT CASES
14.4 DISTINCTIONS BETWEEN CONTRACT AND TORT THEORIES AND REMEDIES
14.5 ADDITIONAL RESTRICTIONS ON TORT RECOVERIES
14.6 MITIGATION OF DAMAGES
14.7 EXCLUSIVE REMEDY RULES
14.8 STATUTES OF LIMITATION
14.9 AFTER-ACQUIRED EVIDENCE DOCTRINE
14.10 JUDICIAL ESTOPPEL
14.11 EMPLOYEE CONDUCT THAT HAS CULMINATED IN LAWFUL TERMINATIONS
14.12 RELIGIOUS ORGANIZATIONS
14.13 INDEPENDENT CONTRACTORS
14.14 SOVEREIGN IMMUNITY
CHAPTER 15 ARBITRATION, MEDIATION, AND OTHER DISPUTE RESOLUTION PROCEDURES
15.1 OVERVIEW
15.2 NONJUDICIAL MEANS OF RESOLVING DISPUTES
15.3 MEDIATION OF DISPUTES
15.4 ENFORCEABILITY OF ARBITRATION AGREEMENTS
15.5 ARBITRATION AGREEMENTS
15.6 STATE ARBITRATION STATUTES
15.7 ARBITRATION AGREEMENTS – CHECKLIST OF CONSIDERATIONS
CHAPTER 16 SAMPLE FORMS
16.1 OVERVIEW
16.2 APPLICANT DATA COLLECTION FORM
16.3 JOB APPLICATION LANGUAGE
16.4 OFFER OF EMPLOYMENT
16.5 SAMPLE AT-WILL STATEMENTS
16.6 PERFORMANCE EVALUATION
16.7 EMPLOYEE PERFORMANCE EVALUATION
16.8 PERFORMANCE APPRAISAL FORM
16.9 EMPLOYEE COUNSELLING FORM
16.10 DISCIPLINARY ACTION FORMS
16.11 SAMPLE EMPLOYEE SIGNATURE LINES FOR COUNSELLING FORMS
16.12 SAMPLE EXIT INTERVIEW FORM
16.13 SAMPLE REQUEST TO INSPECT PERSONNEL FILE
16.14 SAMPLE NOTICE UNDER SECTION 1089-1 OF THE REGULATIONS OF THE CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT
16.15 SAMPLE EMPLOYEE REFERENCE POLICIES
16.16 SAMPLE RESPONSE TO REQUEST FOR VERIFICATION OF EMPLOYMENT
16.17 SAMPLE GRIEVANCE SUBMISSION FORM
16.18 SAMPLE GRIEVANCE PROCEDURE
CASE TABLE
SUBJECT INDEX
