Take control of your problems and your workplace. Do you have an employee who isn't performing, isn't producing or doesn't show up at all? Or does your workplace seem to be a breeding ground for all kinds of employee problems, large and small? No matter what the problem is, this book can help. Dealing With Problem Employees provides proven techniques -- and more importantly, immediate fixes -- for dealing with the inevitable problem employee. Find out how to: -avoid hiring problem employees -recognize who is and isn't a problem employee -help problem employees get back on track -investigate problems and complaints -conduct performance evaluations -apply progressive discipline --suspend employees -fire employees -handle severances and references institute effective policies and procedures The 3rd edition is completely updated to reflect the latest employment laws in your state, and provides a new chapter on using mediation to resolve workplace disputes. It also provides sample policies to help give you a trouble-free workplace.

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Sooner or later, it happens to even the most conscientious employers. No matter how carefully they hire workers, how many incentives they give for strong performance, or how diligently they try to create a positive and productive work environment, all businesses -- large and small -- may one day have to deal with a problem employee. In fact, you might have picked up this book because that day has already come for you. Perhaps an employee has demonstrated attitude or performance problems that won't go away or has sexually harassed other employees, stolen from the company, or threatened violence. On the other hand, you may have picked up this book because you're concerned about the bigger picture. You're frustrated with the number of employee problems that crop up year after year. Instead of simply reacting to each problem as it arises, you want to be more proactive. Whether you're facing a specific employee problem right now or want guidance about employee problems in general, this book can help. Employee problems are not inevitable, nor must they fill you with fear or anxiety. In the chapters that follow, we provide you with the practical and legal information you need to handle the specific employee problems you face right now and to create policies and procedures that will reduce the number and degree of problems you face in the future. As an added bonus, the strategies that we describe in this book will make your workplace more collaborative and employee-friendly, thereby increasing morale and fostering loyalty and mutual respect. Everyone in your company will benefit from the healthier workplace these strategies will create. A. The High Cost of Problem Employees For many employers, figuring out whether and how to discipline or fire a worker is one of the most stressful parts of the job. And these concerns are well-founded -- ignoring or mishandling worker problems can be very costly, indeed. Here are some reasons why. 1. Lawsuits Lawsuits brought by former employees are increasingly common -- and increasingly costly. According to a 1999 survey conducted by the Society for Human Resource Management (SHRM) and the law firm of Jackson Lewis, almost 53% of the organizations polled said that they had faced at least one employment-related lawsuit during the previous five years. And according to Jury Verdict Research, employers lose these lawsuits a whopping 67% of the time -- and pay a median award of $218,000. These figures don't even include the cost of paying a lawyer to defend you, which can run from the tens to even the hundreds of thousands of dollars. The New Coke: $192.5 Million Poorer The biggest corporations often face the biggest lawsuits -- and lose the largest amounts of money. For example, in 2000, Coca-Cola settled a race discrimination case for a mind-boggling $192.5 million. Although this was a class action case in which many workers banded together to sue the company in a single lawsuit, that settlement figure is going to show up on Coke's bottom line. even the hundreds of thousands of dollars.

 

Take control of your problems and your workplace.

Introduction A. The High Cost of Problem Employees B. How This Book Can Help C. Who Should Read This Book D. Who Should Not Read This Book E. Icons Used in This Book 1. What's Your Problem? A. Performance or Productivity Problems B. Interpersonal Problems C. Insubordination D. Excessive Absenteeism E. Drugs and Alcohol F. Theft and Dishonesty G. Violence H. Morality Issues 2. Employment Law Basics A. Employment at Will B. Employment Contracts C. Breaches of Good Faith and Fair Dealing D. Violations of Public Policy E. Discrimination and Retaliation 3. Performance Evaluations A. The Benefits of an Evaluation System B. Step 1: Create Performance Objectives C. Step 2: Observe and Document Employee Performance D. Step 3: Conduct Interim Meetings to Discuss Progress and Problems E. Step 4: Conduct the Year-End Evaluation 4. Progressive Discipline A. Getting Results With Progressive Discipline B. Using Progressive Discipline in Your Workplace C. Guidelines for Effective Discipline D. Sample Written Progressive Discipline Policy 5. Complaints and Investigations A. When Investigation Is Necessary B. Complaint Policies and Procedures C. Preparing to Investigate D. Conducting Interviews E. Written and Physical Evidence F. Employees' Rights to Privacy G. Making the Decision 6. New Chapter A. Types of Alternative Dispute Resolution B. Which Procedures Are Right for Your Company? C. Tips for Creating an Effective Program 7. Making the Decision to Fire A. When to Consider Firing B. Making the Decision to Fire: An Employer's Checklist 8. Planning for the Aftermath A. Legal Constraints on What You Say B. What to Tell Coworkers C. What to Tell Reference Seekers D. Continuing Health Insurance E. Unemployment Compensation F. Written Explanations of the Termination 9. Severance and Releases A. Are You Obligated to Pay Severance? B. If You Have a Choice, Should You Pay Severance? C. Should You Ask for a Release? D. What Should You Offer? E. Writing a Release F. Agreements to Protect Your Business 10. How to Fire A. The Termination Meeting B. The Exit Interview 11. Looking Forward A. Improve Your Hiring Process B. Workplace Policies 12. Hiring a Lawyer A. When to Hire a Lawyer B. How to Find a Good Lawyer C. Legal Fees D. Working With Your Lawyer E. Firing a Lawyer F. Doing Your Own Legal Research Appendix Federal Agencies That Enforce Workplace Laws Federal Fair Employment Laws State Laws Prohibiting Discrimination in Private Employment Agencies That Enforce Laws Prohibiting Discrimination in Employment Departments of Labor State Departments of Insurance State OSHA Laws and Offices Index

"Offers proven techniques for creating a trouble-free workplace and offers immediate fixes for handling your problem employee of the moment."

 

Ms. DelPo is an author and consulting editor who specializes in employment and family law issues. She brings more than six years of criminal and civil law experience to her work at Nolo, having litigated cases in all levels of state and federal courts, including the California Supreme Court and the United States Supreme Court. Her real-world experience enriches her work at Nolo, where she has written numerous employment law titles, including The Performance Appraisal Handbook, Dealing with Problem Employees, and Create Your Own Employee Handbook. She is also the editor of Parent Savvy, a book that answers parents’ practical, financial, and legal questions. Ms. DelPo currently divides her time between writing on legal issues and chasing after her two busy children, Sophia and Charlie. Ms. DelPo received her law degree with honors from the University of North Carolina at Chapel Hill. Products by Amy DelPo, Attorney: Create Your Own Employee Handbook: A Legal & Practical Guide Dealing With Problem Employees: A Legal Guide Federal Employment Laws: A Desk Reference The Manager's Legal Handbook The Performance Appraisal Handbook: Legal & Practical Rules for Managers

 

Dealing With Problem EmployeesOLD by Amy Delpo
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