James Walsh - Rightful termination: defensive strategies for hiring and firing in the lawsuit-happy 90s
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Rightful termination: defensive strategies for hiring and firing in the lawsuit-happy 90s
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Covers job-applicant testing, at-will employment, civil rights claims, wrongful termination claims and termination methods.
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Rightful Termination : Defensive Strategies for Hiring and Firing in the Lawsuit-happy 90's Taking Control Series
author
:
Walsh, James.
publisher
:
Silver Lake Publishing
isbn10 | asin
:
1563430673
print isbn13
:
9781563430671
ebook isbn13
:
9780585044156
language
:
English
subject
Employees--Dismissal of--United States, Employee selection--United States, Employees--Dismissal of--Law and legislation--United States.
publication date
:
1994
lcc
:
HF5549.5.D55W35 1994eb
ddc
:
658.3/13
subject
:
Employees--Dismissal of--United States, Employee selection--United States, Employees--Dismissal of--Law and legislation--United States.
Page i
Rightful Termination
Defensive Strategies For Hiring and Firing in the Lawsuit-Happy 90'S
James Walsh
MERRITT PUBLISHING, A DIVISION OF THE MERRITT COMPANY SANTA MONICA, CALIFORNIA
Page ii
Rightful Termination
First edition 1994 Third printing Copyright 1994 by Merritt Publishing, a division of The Merritt Company.
Merritt Publishing 401 Wilshire Boulevard, Suite 800 Santa Monica, California 90401
For a list of other publications or for more information, please call (800) 638-7597. In Alaska and Hawaii, please call (310) 450-7234.
All rights reserved. No part of this book may be reproduced, stored in a retrieval system or transcribed in any form or by any means (electronic, mechanical, photocopy, recording or otherwise) without the prior written permission of the copyright owner.
Library of Congress Catalog Card Number: 94-076409
Walsh, James Rightful TerminationTaking Control Defensive strategies for hiring and firing in the lawsuit-happy 90's. Includes index. Pages: 362
ISBN: 1-56343-067-3 Printed in the United States of America.
Page iii
Acknowledgements
In writing this book the author has benefited greatly from the enthusiasm of many people whose help proved invaluable. All agreed that business people could use a book about hiring and firing employees firmly and fairly. This book seeks to fill that need.
The author would like to thank the following for their assistance and input: the American Society for Personnel Administration; the American Society for Training and Development; William Bell; the California Manufacturers' Association; Chubb Insurance Group; Clark, Ladner, Fortenbraugh & Young; the Dartnell Group; James Dertouzos, Rand Corp. Institute for Civil Justice; Steven Drapkin; Edgar Ellman; the Employment Law Institute (San Francisco); Richard Epstein, University of Chicago Law School; Philip Garment; William Gould, Stanford Law School; Ronald Green; Robert Half International, Inc.; Jones, Day, Reavis & Pogue; Jorgenson & Associates; Chris Keiner; Peter Kelly, Korn/Ferry International, Inc.; the Massachusetts Restaurant Association; the National Tooling & Machining Association; the New Hampshire Insurance Co.; David Perrault; Pinkerton's, Inc.; Linda Reitman; Brad Seligman; Gloria Shanor, Georgia-Pacific Corp.; Kenneth Teel; and Tom Zito, Digital Pictures Inc.
As long as this list is, many more people and groups added information and insight to the book. Our thanks to all of them.
Rightful Termination is the second title in Merritt Publishing's "Taking Control" series, which seeks to help employers and business owners grapple with and overcome the host of extraordinary risks facing the modem enterprise.
Upcoming titles will cover strategic planning, product development and marketing, corporate finance and liability, among other subjects. To keep these projects and the series as a whole well focused, we welcome feedback from readers.
Page v
Rightful Termination Table of Contents
Prelude: Taking Control
I
Chapter 1: At Whose Will? Establishing and maintaining the employer's at-will presumption
1
Chapter 2: The Groundwork Setting policies in place to prevent trouble down the line
21
Chapter 3: Casino Your Net Building effective applicant pools that include the best people
43
Chapter 4: Picking and Choosing Interviewing and selecting job candidates without ending up in court
61
Chapter 5: Uncle Sam's Influence Working within the federal laws that regulate hiring and firing
85
Chpater 6: Setting up the Rules Using training and communication preemptively
111
Chapter 7: The Daily Grind Thinking of management as a hiring and firing tool
133
Chapter 8: "Arising out of ..." Avoiding workers' compensation problems
161
Chapter 9: The Turning Point Focusing performance ratings on improvement or separation
179
Chapter 10: Preparations Getting ready to act
205
Chapter 11: Complications Handling pensions, stock plans and other complexities
229
Chapter 12: The Act Itself Terminating problem workers fairly and forcefully
253
Chapter 13: Aftermath Returning to normal in the wake of a termination
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