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Charles H. Fleischer - The complete hiring and firing handbook: every managers guide to working with employees legally

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title The Complete Hiring and Firing Handbook Every Managers Guide to - photo 1


title:The Complete Hiring and Firing Handbook : Every Manager's Guide to Working With Employees Legally 1St Ed.
author:Fleischer, Charles H.
publisher:Sourcebooks, Inc.
isbn10 | asin:1572484586
print isbn13:9781572484580
ebook isbn13:9781423719427
language:English
subjectPersonnel management--Handbooks, manuals, etc, Employee selection--Handbooks, manuals, etc, Employees--Dismissal of--Handbooks, manuals, etc.
publication date:2005
lcc:HF5549.17.F58 2005eb
ddc:658.3/11
subject:Personnel management--Handbooks, manuals, etc, Employee selection--Handbooks, manuals, etc, Employees--Dismissal of--Handbooks, manuals, etc.

Page i

THE COMPLETE HIRING AND FIRING HAND BOOK

Every Manager's Guide to Working with EmployeesLegally

By Charles H. Fleischer
Attorney at Law

Page ii Copyright 2005 by Charles H Fleischer Cover and internal design 2005 - photo 2

Page ii

Copyright 2005 by Charles H. Fleischer
Cover and internal design 2005 by Sourcebooks, Inc.

All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systemsexcept in the case of brief quotations embodied in critical articles or reviewswithout permission in writing from its publisher, Sourcebooks, Inc. Purchasers of the book are granted a license to use the forms contained herein for their own personal use. No claim of copyright is made in any government form reproduced herein.

First Edition: 2005

Published by: Sphinx Publishing, An Imprint of Sourcebooks, Inc.
Naperville Office
P.O. Box 4410
Naperville, Illinois 60567-4410
630-961-3900
Fax: 630-961-2168
www.sourcebooks.com
www.SphinxLegal.com

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.

From a Declaration of Principles Jointly Adopted by a Committee of the
American Bar Association and a Committee of Publishers and Associations

This product is not a substitute for legal advice.
Disclaimer required by Texas statutes.

Library of Congress Cataloging-in-Publication Data
Fleischer, Charles H.
The complete hiring and firing handbook : every manager's guide to working
with employees legally / by Charles H. Fleischer.-- 1st ed.
p. cm.
Includes bibliographical references.
ISBN 1-57248-458-6 (pbk. : alk. paper)
1. Personnel management--Handbooks, manuals, etc. 2. Employee
selection--Handbooks, manuals, etc. 3. Employees--Dismissal of--Handbooks,
manuals, etc. I. Title.
HF5549.17.F58 2004
658.3'11--dc22
2005022919

Printed and bound in the United State of America.
BG 10987654321

Page iii

Contents

Introduction

ix

PART IHIRING

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

Page iv

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

Page v

Chapter 7: Recruiting

Classified Ads

Referral Bonuses

Chapter 8: Rsums and Rsum Fraud

Third-Party Liability

Remedies for Rsum 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

Page vi

Chapter 13: Requirements Applicable to New Employees

I-9 Requirements

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