Paul C Gibson - Basic employment law manual for managers and supervisors (Supervisors tool kit, CCH answer series)
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Basic employment law manual for managers and supervisors (Supervisors tool kit, CCH answer series)
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Basic Employment Law Manual for Managers and Supervisors
Paul C. Gibson, J. D. Kathryn S. Piscitelli, J. D.
CCH INCORPORATED Chicago
Page 2
This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.
All Rights Reserved Printed in the United States of America
Page 3
Introduction
Hear the Wake-up Call
Hardly a week goes by without the media reporting that a company is being sued for employment law violations. Indeed, employment law cases are on the riseso much so, in fact, that employment lawsuits are one of the fastest-growing types of litigation. In the area of employment discrimination alone, the number of suits filed against employers in federal courts has nearly tripled since 1990. Nearly 80,000 charges against employers were filed in fiscal year 1996 with the Equal Employment Opportunity Commission, the agency that enforces the federal employment discrimination laws. Those charges potentially can wind up in court.
The costs to a company sued for employment law violations can be staggering. For instance, the average jury award for wrongful termination is about $400,000, a recent study found. Some companies have even been slapped with multimillion-dollar verdicts. And if a company settles to stop employment litigation, it still may shell out a hefty sum. Settlements have been as high as $245,000,000.
Given today's legal climate, it is crucial for managers and supervisors to be aware of the legal issues surrounding their dealings with employees. Basic Employment Law Manual for Managers and Supervisors provides a basic understanding of how the employment laws impact issues that managers and supervisors face every day in their jobs. The book is designed to be a handy reference to help you as a manager or supervisor in complying with these laws.
Take Action to Avoid Liability
Managers and supervisors must take action to avoid lawsuits. This book provides managers and supervisors with guidance that will help to prevent lawsuits and to reduce the risk of liability if their company is sued.
Key actions that the book teaches managers and supervisors to take to stay out of legal trouble include the following:
Learn what the employment laws are and what rights and protections employees have under them.
Use only job-related factors as the basis for employment decisions.
Apply work rules in the same way to all employees.
Treat people as individuals and in a respectful manner that recognizes the valuable contribution each person makes to the company.
Use performance appraisals and discipline not as punishment, but as positive tools for improving employee job performance or conduct.
Give employees honest, accurate feedback.
Never discipline or fire someone without first checking out whether doing so is fair, legal, and consistent with company policies.
Document employees' performance.
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Watch what you say:
Don't make rude or discriminatory remarks.
Don't make employment promises.
Don't interpret benefit plans.
Don't make false or mean comments about employees.
Don't discuss disciplinary issues concerning an employee except with persons who have a legitimate right to know.
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