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LAWSUIT FREE

"Lawsuit Free! is superb, cutting edge material. It is low on verbiage and high on readily applicable techniques"

Robert Bregman,
Senior Research Analyst,
Insurance Risk Management Institute

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"Lawsuit Free! is risk management thinking at its finest."

George Nordhaus,
President & CEO
Insurance Marketing and Management Services

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The most critical component for today's business success is personnel management. It is the one constant in a sea of change. The failure of this relationship results in turnover, disloyalty, unproductivity and lawsuits. The mastery of it results in profitability and joy.

To find an attorney who can give a Lawsuit Free! presentation in your area, please click here.

Lawsuit Free! comes as part of the HR That Works program.

What follows is an outline of the LAWSUIT FREE!™ program with related Personnel Forms:

 

• Complaining about the law doesn't prevent claims
• Focus on front-end strategies and tools
• Educate managers and employees

• Employment Practices Liability Worksheet

• Create a reference point and guiding light for the hard times
• Good ethics is good business!
• Ask questions and encourage employees speak up

• Sample Code of Ethics
• Business Ethics and Conduct Disclosure Statement

• Define the need and take your time
• Avoid laziness, desperation and infatuation
• Make sure to follow a hiring process

• 19 Strategies for Hiring the Best
• Hiring Checklist
• Position Request Form
• Employment Application
• Job Description Form
• Pre-Employment Questionnaire
• Knowledge Worker Interview Questionnaire
• Questions to Avoid During an Interview
• Applicant Appraisal Form
• Co-Employee Applicant Appraisal Form

Watch oral promises and other grounds for implied contract arguments

Place "at will" language in employment applications, employee handbooks, offer letters and contracts

Avoid use of the "inhumane" at will provision

• Sample "At-Will" Policy

• Statistics indicate extensive misrepresentation
• Use a reference release form
• Obtain FCRA waivers

• Authorization, Waiver and Release of Liability for Consumer Credit Report
• Authorization, Waiver and Release of Liability of Employment Related Background Investigations
• Pre-Hire Reference Check
• Employee Reference Request

• Tests must be rationally and valid indicators of success
• Use skill tests, character analysis and drug tests
• Outsource the testing function to qualified experts

• Employment Application

• Guard against puffery and overstatement
• Representations must be based on objective and documented evidence
• Follow uniform interview guidelines

• Checklist for Employment Agreements
• Employment Agreement Worksheet
• Employment Agreement Cover Letter
• Employment Agreement - "For Cause"
• Employment Agreement- "At will"

• Disabled employees have better than average productivity, attendance and safety records
• Most accommodations are inexpensive and public assistance is available
• Get help from a qualified expert or attorney

• ADA Resource List
• Disability Accommodation Request

• Technology is redefining the workplace
• Define responsibilities, including allowance of visitors, use of equipment and environment
• Don't turn a home based employee into an independent contractor

• Home Based Worker Checklist

• How does the Partner manage its workers?
• Clearly define each party's rights and responsibilities
• Is the Partner in compliance?

• Contingent Worker Checklist

• You may not control an independent contractor
• The costs of misclassification are substantial
• Enter into an Independent Contractor Agreement

• Independent Contractor Agreement

• Define when the vacation starts, stops and can be used
• Vacation is an "accrued" benefit
• Consider using Paid Time Off (PTO)

• Sample Vacation Policy
• Sample Paid Time Off Policy

• Are employees are properly identified as exempt under executive, administrative or professional provisions?
• Use an overtime authorization form
• Analyze overtime on a quarterly basis

• Overtime Authorization Policy
• Sample Overtime Authorization Policy for Non-Exempt Employes

• Distinguish between advances and draws
• Define when a commission is "earned"
• Define what happens to commissions when an employee is terminated

• Sample Sales Commission Policy
• Sample Commission List Table

• Employees must "own" their performance
• Focus on continual improvement
• Consider the use of 360° performance improvement tools

• Performance Improvement Form - Long Version 
• Performance Improvement Form - Short Version  
• Peer Improvement Form
• Supervisor Improvement Form

• Conflict = communication breakdown + emotional override
• Engage in dialogue
• Attack the conduct, not the employee

• Conflict Resolution Checklist

• Mediation is focused on compromise
• Arbitration is an alternative to trial
• Carefully select your mediator or arbitrator

• Sample Mediation and Arbitration Agreement

• Make sure it's not the system
• Document, document, document
• Consider a severance and release agreement

• Notice of Disciplinary Action
• Disciplinary Leave Notice
• Employee Correction Form
• Pre-Layoffs Checklist
• Pre-Termination Checklist
• Termination Checklist
• Exit Interview Form

• Avoid knee-jerk layoffs
• Do not undervalue employee knowledge
• Create a learning organization

• The 60-Day New Employee Survey
• Pre Layoff Checklist

• Limit references to dates of employment and final position held
• Obtain a release from the prospective Partner and the former employee
• Make one person in your company responsible for providing references

• Post Employment Reference Policy
• Post Employment Release of Employment Information Form

• Focus on the front-end investment
• Obtain assistance from insurance carriers and government agencies
• Reward employees that disclose health and safety concerns

• 21 Things to Do for a Safe Workplace

• Have an up-to-date EEO policy
• Send a message from the top
• Educate your managers in avoiding discrimination and harassment issues

• Sample EEO Statement and Policy Prohibiting Discrimination and Harassment
• Sexual Harassment I.Q. Test
• Required and Recommended Posters and Handouts

• FMLA applies to companies with 50 or more employees
• Provide notice of FMLA accumulation
• Use a contingent worker unless "undue hardship" results

• Sample Family and Medical Leave of Absence Policy
• Employee Request for Family or Medical Leave of Absence
• Partner Response to Employee Request for Family and Medical Leave of Absence Form