The following is a summary on use of the Personnel Forms. Remember, no program can be everything for everybody. These forms were designed for the broadest possible use. As a result, they may not be appropriate in all circumstances. That's why independant thinking and professional advice remains so valuable.

All forms come in PDF and MS Word F format. PDF format allows for text, as well as graphics, photographs, etc. to be contained in a single file. Adobe Acrobat Reader is a free software program, available on line, which can be used to read .pdf files in their complete, and intended, format. Adobe Acrobat Reader can be found at www.adobe.com on the Internet. MS Word (.doc) documents can be placed into your document viewing program (i.e. Word and your internet browser and MS Word Viewer) and manipulated as you see fit.

Make these forms, checklists and agreements work for your company. If you have any have trouble opening or printing the forms, please e-mail us at don@hrthatworks.com or call our toll-free number 1-800-234-3304. Let us know your thoughts, concerns or comments for improvement. As always, we encourage you to make sure your attorney reviews all handbooks, contracts, agreements and releases.

QUICK JUMP TO:

• Company Overview
• Hiring Process
• General Policies, Procedures and Checklists
• Contracts and Agreements
• Performance Management
• Termination Process
• Personnel Law Compliance
• Safety and Security
• Miscellaneous

HIRING PROCESS

19 Strategies for Hiring the Best
This checklist summarizes the most important principles regarding the art of hiring. Don't hire the wrong person because you are desperate, lazy or infatuated. Follow these strategies, hire the best, and keep them that way. You are encouraged to read the Special Report: How to Find and Hire the Best Employees.

Getting to Know You
There's no substitute for showing an employee that you care. Gather this information and then input it into your contact management program so you can be apprised in advance of birthdays, anniversary dates, and other significant dates in your employees' lives.

Team Interview Log
We recommend a team approach to interviewing. This form helps you keep track of who has interviewed your job applicants.

Getting to Know You
There's no substitute for showing an employee that you care. Gather this information and then input it into your contact management program so you can be apprised in advance of birthdays, anniversary dates, and other significant dates in your employees' lives.

Team Interview Log
We recommend a team approach to interviewing. This form helps you keep track of who has interviewed your job applicants.

Applicant Flow Log
This is a simple form to help you keep track of incoming job applicants and where they stand in the process.

Hiring Checklist
The wrong employee will create negative energies, harass or discriminate against co-employees, create bad press, use up every day of sick leave, steal from you and sue your company. The right employee will create positive energies, empower co-employees, create new business opportunities for the company, add value, work as a team member and act respectfully and responsibly. The single biggest mistake that employers make is hiring the wrong person! This checklist makes sure your company takes the steps necessary to hire only the best.

Hiring Process
We have found it good practice to let applicants know in advance the process you will follow. This will screen out ineligible candidates and let legitimate ones know what comes next.

Checklist for First Impressions
Time and time again employers rely on surface impressions when hiring personnel. This checklist will give you a general idea of what to look for.

Position Request Form
This form is one of the first steps in establishing the parameters for hiring a new employee. Its purpose is to help define the need for a new employee, and what alternatives exist for your company.

Notice of Job Opening
This is a "generic" form that should be used to inform current employees as well as job banks, recruitment firms, etc., of your placement needs. Remember to focus all your announcements on the "value added" you are seeking.

Employment Application
It took a lot of time to create this form. Note that it not only asks an employee why they left a former employer, but what value they contributed to that company. The end of the form contains what must seem like every legal protection clause known to man. Make sure that applicants complete the application thoroughly, and that you save them for at least three years after an employee's departure. Yes, filling out this application takes time - but it's not your time and it's well worth it.

Job Description Template
Even though management expert Tom Peters says to destroy your job descriptions, if you have more than fifteen employees, we strongly suggest that you have them. Job descriptions play an important role in any Americans with Disabilities Act analysis, and also the crucial analysis of whether the employee is an exempt or non-exempt employee.

Pre-Interview Questionnaire
Your time is valuable, yet you need to know as much about a prospective job applicant as possible. That's where the pre-employment questionnaire comes in. You can learn before ever interviewing anyone whether or not they are flexible, comfortable with change, competent, ethical, etc. You can either mail them this form or place it with a fax on demand or e-mail service. Add any questions you want answered in advance. You will be surprised at the insights you'll get. Go over their answers in any interview for additional insight.

Interview Questionnaire This form helps you to engage in a meaningful interview. While it contains a lot of questions, you are encouraged to focus on the answers you receive. Engage in dialogue with any prospective applicant. Ask them to tell you about themselves - and then be quiet. Ask them if anything felt "unfair" to them in their last job. Take your time. Remember, hiring, just like management in general, is a process, not an event.

Questions to Avoid During an Interview
While many of the questions to avoid make common sense, a lot of them may also surprise you. The EEOC and other regulatory agencies have severely restricted what you can ask a job applicant during the interview process. As Walter Olson, author of The Excuse Factory puts it, today's employment laws have "eliminated the small talk."

Applicant Appraisal Form
This form makes sure that your company engages in a thorough interview process. It also helps to rank job applicants and make sure applicants interviewed early on are not forgotten.

Co-Employee Applicant Appraisal Form
Having co-employees engage in the interview process is a very powerful part of the hiring process. We wouldn't hire someone without having co-employee input. Just make sure they are focused on hiring the best - regardless of race, sex or age.

"At-Will" Policy
This form protects your company against claims of wrongful discharge by employees under the impression they can only be terminated for "good cause." In fact, in the majority of states, the employer has the right to terminate an employee "at will." By communicating this fact to your employees in an understandable and humane manner, you can avoid undermining the trust in your relationship, yet protect yourself at the same time.

Checklist for Compliance With Consumer Credit Laws
The Fair Credit Reporting Act requires employers to give job applicants notice when a background check will be done through a reporting agency. This form should be part of your hiring package.

Pre-Employment Information Disclosure Notice and Acknowledgement
Note: this document must be presented as a stand-alone document
and not as part of an employment application.
This disclosure and consent form for background checks helps protect you against one of today's fastest growing claims - negligent hiring. Remember, you can't trust someone until you know them (and you don't know what you don't know). So use this form and make sure you know who you're hiring!

Certification Cover Letter
Used when sending our request to the reporting agency. Required under various state and FCRA requirements.

Pre-Adverse Action Disclosure Letter
This letter should be used to help comply with the FCRA when a report contains information of concern. Give it to the employee so they can contest any inaccuracies in the report.

Adverse Action Notice Letter
Another letter designed to help with compliance under the FCRA when denying an employment opportunity due to information obtained in a report.

Summary of Your Rights Under The Fair
The Fair Credit Reporting Act applies to criminal, background and sexual harassment investigations, etc. performed by an outside agency or attorney. If you intend to have an outside agency or attorney perform these tasks, you should have the job applicant sign this form as well. Leave them with a copy.

Pre-Hire Reference Request
Using this form when you are hiring protects the company disclosing information in the hopes they will now be willing to provide a full reference.

Employee Reference Request
This form is aimed at protecting you from conversations held during the background and reference check process. This form is to be used when you're asking for a reference. Have the job applicant sign it when they give you their application.

Sample Rejection Letter (Pre-Interview)
We've always thought it a wise policy to keep friends in the community. You never know who you'll be dealing with next. Based on this belief, you should send a warm rejection letter to every job applicant, regardless of his or her qualifications. Save some time and money by sending the letter via fax or e-mail.

Sample Rejection Letter (Post-Interview)
Again, make friends - even if you're not hiring them. There's always a chance that you may end up needing them or run across them later.

Sample Offer Letter
There is a fine line between a letter of intent and a contract. Remember, this Sample Offer Letter is meant to be a letter of intent, not a binding contract. Make sure it is accurate because it can be used as evidence in breach of contract and misrepresentation type claims.

Pre-Hire Medical Questionnaire
The last thing you want to do is hire a work comp claim. Please see the Special Report on pre-placement medical questionnaires

Pre-Placement Medical Report
This is a form to be used by your physician when doing pre-placement physicals.

These are "career ladders" provided as a courtesy to HR That Works by the South Florida Manufacturer's Association. These are the types of documents you should have for your company to help let them know what a potential career progression looks like:

GENERAL POLICIES, PROCEDURES AND CHECKLISTS

Orientation Checklist
We all know how much first impressions count. It is important to spend considerable time training and orienting new employees. Some companies make orientation a fun exercise using scavenger hunts and other game-like formats.

Personnel File Checklist
This form helps define those records that should be maintained in a confidential personnel file. Place this form on the inside of the file folder.

Employee Update Form ("Forms/EmpUpFm")
Just a standard form to maintain employee contact information.

Personnel Update Emergency Contact
Again, another standard form.

Status/Payroll Change Report
Another standard form. The point is to consistently use these forms and follow a process so that employee management does not become a haphazard activity.

Tuition Approval/Refund Request
There is no substitute for continually educating and training your employees. It is important to make sure that you follow a procedure for monitoring outside education efforts as well as to capture the knowledge gained.

Sample Overtime Authorization Policy for Non-Exempt Employees
We have seen overtime abused over and over again - by employees, employers and customers. Employees who are inefficient often find themselves billing their boss for work they should have completed hours ago. Many of your customers and clients place unreasonable demands on your organization which require unnecessary overtime. Note: Many employers attempt to treat employees as exempt, to avoid the paying of overtime, when they do not fit within any of the specifically defined exempt categories. It is estimated there is more than $3 billion of uncollected overtime sitting in corporate America - a lawyers' gold mine!

Overtime Authorization Form This form saved a printing company with 80 employees over $5,000 per month starting in the first month of its use! We encourage them to accumulate these forms to find out which of their clients or customers are causing the additional expense of overtime. You are likewise encouraged, (Also see Sample Overtime Authorization Policy for Non-Exempt Employees).

Make-Up Time Policy *
This policy is to help manage overtime concerns generated by employee requests for flexibility. Use a Make-Up Time Request form.

Make-Up Time Request
The title of this form says it all. Also, see Make-Up Time Policy.

Attendance Policy *
Attendance is a constant source of challenge. A desire to come to work remains the most important factor in attendance. Let your employee know your rules and then stick to them.

Sample Unpaid Leave of Absence Policy
This policy is for companies with less than 50 employees who do not come within the restrictions of the Family Medical Leave Act (FMLA).

Absence Form
This form is to be used for non-FMLA absences. The very use of these forms, as with use of the Overtime Authorization Form, will have the effect of reducing the amount of unwarranted absenteeism. Remember, if their absence exceeds (3) days, and you have more than 50 employees, send out the FMLA Provisional Letter as soon as possible.

Sample Vacation Policy
Vacation pay is one of the most heavily litigated wage and hour issues. In general, it is considered to be an "accrued" benefit unless you specify otherwise. This means an employee is entitled to a proportionate share of their vacation pay for every day they work. If you do not intend to pay new employees vacation, then you need to make this very clear in your vacation policy and employment contract. For specific variables, check with the Labor Commissioner in your state.

Sample Paid Time Off Policy
According to a Commerce Clearing House report, 78% of sick pay is taken by employees who are not sick at all. All that traditional sick pay does is help general little white lies. You are encouraged to use a paid time off policy that collapses vacation and sick pay into a single benefit. If you traditionally give six sick days per year, change that into three paid time off days and add it to vacation pay to have one single policy. This way when employees want to watch their kids game, take care of their parents, or take a mental recovery day off, they can do so without having to lie about it. You may want to require that they give you two days advance notice to use paid time off unless they are in fact sick.

Vacation/Paid Time Off Request Form
This form is used by the employee to obtain pre-approved time off.

Communications Checklist
This is a powerful tool you can use to grow your business. Share it with your employees, customers and vendors, and find out how you can use some of these communication tools to help improve your company. For example, after going through this checklist with a client, they decided to use pagers to notify golfers fifteen and five minutes prior to tee time. Other clients make unique use of the Internet, audio cassettes, and fax on demand services. Please see the Special Report: Powerful Communication with Employees, Customers and Other Company Stakeholders.

Sample Voicemail/E-mail/Internet Policy*
This policy is required in light of the legal and management issues created by the computer. Beware of your exposure to breach of privacy and sexual harassment claims generated by this medium. Take a look at the Special Report: 19 Powerful Strategies for Preventing Voicemail, E-mail and Internet Privacy, Discrimination and Harassment Claims.

Cell Phone Policy *
Cell phones are an incredible communication tool. Challenge is they can be abused, cause safety concerns and be accompanied by rude behavior. Use this policy to set your standards.

Personal Cell Phone Use *
Nothing is more annoying than an employee that lacks manners when using their cell phone. Use this policy to corral poor manners.

Sample Employee Privacy/Right to Inspect Statement
Privacy in the workplace will continue to be a hotly litigated issue over the coming decades. Spurred on by technological breakthroughs, we are continuing to lose our private lives. This form is designed to help define the fine line between an employer's right to inspect and an employee's right to privacy. (Also see Sample Voicemail/E-mail and Internet Policy)

Home Based Worker Checklist
Most companies like the idea of having home-based and off site workers, but there remain traps for the unwary employer. This quick checklist provides you with the essential issues to be considered when managing these workers.

Telecommuting Policy
Telecommuter issues are yet another challenge for management. This form reminds employees that just because they don't work at the office doesn't mean they don't have similar obligations at home or off-site.

Contingent Worker Checklist
This form comes from the Special Report: Contingent Workers: New Rules and Strategies For Profit and Protection. In this rapidly changing environment, it is paramount that you consider all or most of the issues set forth in this checklist when hiring temporary, lease and other contingent workers.

Community Involvement Checklist
We believe it is important to have your employees feel like they are part of the "community." This checklist is meant to provide some suggestions. Come up with your own ideas too. Never underestimate the powerful energy created when you give back to the community. Also contact the Independent Sector in Washington, D.C. and ask about their "Give 5" program.

Check Request
Your basic check request form.

Sample Drug and Alcohol Policy*
It is a statistical fact that three out of five people who abuse drugs or alcohol have a job. These same employees cause the vast number of accidents and episodes of violence that occur every year costing American business 120 billion per year! It is imperative to test new employees for drug abuse, and to test current employees where circumstances such as a significant safety violation justify the intrusion. This is a tricky legal area and a dangerous place to "go it alone." Give your attorney a call if you find yourself in this hotspot.

Dress Code Policy*
Here is a head start on a dress policy. Try to get employee feedback on this issue. To learn more look at the White Paper: Dress Codes. To see our favorite dress code go to www.dba-oracle.com/dress_code.htm. If you would like to see what types of dress code policies other employers have adopted, simply go into the Google search engine and type in "dress code policies" and you will find them everywhere from universities, to libraries, to manufacturing environments.

CONTRACTS AND AGREEMENTS

Checklist for Employment Agreements
This is the beginning of the employment agreement process. Note: any employment agreement that you enter into should be subject to final reviewed by your attorney. Use forms to expedite the process and reduce your legal fees.

Employment Contract Worksheet
Spend time working through the details on the front end and you will avoid miscommunication, turnover, and lawsuits on the back end.

Sample Employment Agreement Cover Letter
For use with the Sample Employment Agreement "For Cause" and Sample Employment Agreement "At-Will".

Sample Employment Agreement-"For Cause"
A major distinction is whether or not an employee is considered to be employed on a "for cause" or "at will" basis. Generally, a "for cause" employment agreement allows the employer to terminate the employee for any reason so long as they pay a negotiated severance, and to terminate the employee for good cause reasons, so long as the employee is first given a warning notice where appropriate. These agreements should only be used where negotiated for by the employee.

Sample Employment Agreement-"At Will"
Unless negotiated away, it is important to retain the "at will" status of your employees. By law, most employees are hired on an "at will" basis. However, there are so many exceptions to this general rule that an employer must take extra pains to make sure there is a clear understanding as to their ability to terminate an employee. In general, an employer should not give up this right unless it is used as a bargaining chip in executive or management recruitment negotiations.

Sample Sales Commission Policy
It is absolutely important for you to define when a commission is "earned" and whether or not any advances paid are to be considered a draw against income. It is also important to define what happens when there are returns or non-payment or when a salesperson is terminated. This is a very basic policy that must be adapted for your circumstances.

Sample Commission List (Table)
This is a simple administrative form designed to lend clarity to the commission picture. A frequently litigated issue is exactly which clients, customers and sales result in a commission payment. Use it as is or improve it for your circumstances.

Sample Independent Contractor Agreement
With all of the downsizing, outsourcing and re-engineering going on, more and more companies are turning to independent contractors. The IRS has issued rulings indicating that it will give consideration to written Independent Contractor Agreements. Remember, if a worker is considered to be an independent contractor, you do not have the right to control how they do that work. This also means that any work the independent contractor performs remains their property unless you specifically identify it as a "work for hire." If you are interested in more information on this subject, please see the Special Report: Hiring and Managing Independent Contractors.

Cell Phone Agreement
Here's how to avoid negligent and abusive cell phone use. Also, see the Cell Phone Policy.

Sample Employee Confidential Information and Inventions Agreement
In today's economy, knowledge is power. In fact, it's the lifeblood of any company. The purpose of this confidentiality agreement is to preserve your investment in creating proprietary information. Because the laws on this subject vary from state to state, we strongly recommend that you have any confidentiality agreement reviewed by an attorney before it goes final. Start off with this one and save yourself hundreds of dollars in legal fees.

PERFORMANCE MANAGEMENT

How To Be An Excellent Employee
It's amazing how most companies "grow" their employees. The typical employee handbook sets forth what is considered inappropriate conduct on the part of an employee, and what can happen to an employee in light of that conduct. Only the rare and excellent company sets forth a list of desired behavior. It is absolutely important to remain positive with your employees. Remember - you get what you focus on.

Prohibited Activities (Standards of Conduct)*
Some people just don't understand the concepts of respect and responsibility! For these employees, you need the list of prohibited activities.

Employee Arrest or Criminal Activity*
The fact is, corporate executives cause their companies far more damage than the rank and file ever will. Just ask the stockholders and employees of Enron. Consider using this policy in your employee handbooks and executive contracts.

Going the Extra Mile
This one-of-a-kind form is designed to help reward employees who give it an "extra" effort. The bonuses need to be "discretionary" to avoid various wage and hour issues. Communicate your expectations for use of the form before you roll out its use.

The 60 Day New Employee Survey
This is one of our most powerful forms. We often underestimate the valuable insights that can be provided by new employees, and we tend to create organizations where their opinion is not valued until they are indoctrinated within our culture. This is a shame as most breakthroughs come from outsiders to a paradigm. This form allows your new hires to add immediate value to your company by sharing what remains of their outside perspective.

Employee Self-Study Bonus Report
This form comes from the White Paper: Creating a Self-Study Company Library Using Audiocassette Tapes. We are great believers in voluntary personal growth that is rewarded with bonus monies. It is also critical to transform new knowledge into a tangible act of improvement. That's what this form is designed to do.

Employee Suggestion Form
Every company should have some form of employee suggestion system. This form is only one tool that can be used in that system. Suggestion boxes, suggestions meetings, and other techniques can be used to be sure that you are tapping all sources of knowledge in the workplace. Never underestimate where knowledge comes from - or the form that it can take. Make sure to acknowledge all efforts at contributing to your company, whether they are eventually used or not. For the best program we've seen when it comes to generating constant flow of suggestions, call I-Power at (800) 625-2424 and ask for their starter kit. It costs only $99.00. Tell them we sent you.

Benchmarking Worksheet
The process of benchmarking is a powerful means towards establishing a clear sense of direction for your company. When properly done, benchmarking allows employees and project teams to "own" their results. Rewards and punishment can be considered in advance, leaving very little room for political maneuvering.

Benchmark Considerations
This is a checklist of possible factors that can be benchmarked. As the saying goes, "if you can quantify it, you can manage it." If you can benchmark it, you can use it as a tool to improve individual and company performance.

The next three documents will help you manage your time. The daily time sheet is used to keep track of your time over a week. The weekly timesheet is where you add up that time and the prioritization summary form is where you decide you're going to spend 80% of your time doing A activities, 20% of your time supervising administrative activities, and no time on wasteful C activities.

Daily Time Sheet/Process Improvement

Weekly Time Sheet/Process Improvement

Prioritization Summary Form

Performance Improvement Dialogue Worksheet
We believe the best way to improve performance is through frequent dialogue about improving performance. At least every 90 days. Have a group of employees fill out their responses in advance and go over everyone's responses collectively.

Performance Improvement Form-Long Version
If you have a performance appraisal form that focuses on grading an employee on a scale of 1 to 5 - rip it up! Not only does this form fail to accomplish any worthwhile purpose, chances are it is used reluctantly or for manipulative reasons. In this day of flattened organizations, and a team approach to doing business, it is important for the employee to establish benchmarks for their performance, inform the company what resources they need to meet those benchmarks, and to engage in a constant feedback loop. While our Performance Improvement form is lengthy, it is purposefully comprehensive. Quite simply, it is bad business practice to limit the amount of learning and growth that can go on in your company. (For a shorter version see Performance Improvement Form - Short Version)

Performance Improvement Form-Short Version
This form is a lighter version of the one above. It really focuses on the 80/20 of performance. You are advised to use it on a quarterly or semi-annual basis.

Peer Improvement Form
Who says we can only learn from our managers? Much of the best learning comes from those people who work with us on a daily basis. This gives co-employees a chance to contribute to each other.

Supervisor Improvement Form
In order for any supervisor to be completely effective, they need to learn from their subordinates. This is part of a "360 feedback" process. This form gives them that opportunity.

The next two are forms that the government uses with it's employees for personnel management. Again, as we preach, the best performance management process is the one that works for you.

GSA Non-Supervisor Appraisal Form
Gov. Online Form

GSA Supervisors and Managers Appraisal Form
Gov. Online Form

Managing Poor Performance Checklist
Performance management is never easy. By following the suggested checklist approach you will greatly minimize the potential for conflict while improving your odds of generating improved performance.

Employee Turnover Cost Calculator
Numerous studies indicate that the cost of turnover is anywhere from 50% to 150% or more of an employee's annual salary. By using this Employee Turnover Cost Calculator you can both identify the cost of turnover as well as measure the effectiveness of your retention strategies.

ABC Company Sample Turnover Calculation
This example shows how replacing a $50,000 white collar employee costs at least $54,000 to do so!

Retention Program Possibilities
A laundry list of possibilities with an easy method for ranking their cost benefit.

Conflict Resolution Checklist
Conflict results from a breakdown in communication coupled with emotional override. This checklist is designed to help encourage dialogue and remove any disempowering or dangerous belief systems.

Notice of Disciplinary Action
Plaintiff's lawyers love it when an employer treats one employee different from another under the same or similar circumstances. This form helps make sure you and your managers are consistent when disciplining employees. (Also see Disciplinary Leave Notice and Employee Correction Form).

Disciplinary Leave Notice
Disciplinary leave is a powerful alternative to a knee-jerk termination. Leave can be given with or without pay depending on the circumstances. We encourage employers not to dock the wages of exempt employees for short term leaves (less than one week). This form is especially effective while investigating wrongdoing or after confronting insubordination. Watch the arguments of retaliation that come with leave without pay if you are using it while investigating a claim of discrimination, harassment, etc.

Employee Correction Form
It is important to have an employee acknowledge unsatisfactory performance and to help define both the cause and solution to the problem. Keep the "monkey off your back" and on the back of the employee by letting them "own" their problems. As we always caution, attack the conduct, not the person. If they answer it sensibly, then thank them and place a copy of the documentation in their personnel file. If they answer without taking responsibility, given them another blank form to fill out. Let them know you "were expecting the taking of more responsibility than this."

Complaint Procedure
There remains a great deal of argument over whether or not a company should have a grievance policy. On the pro side, it helps to defuse disagreements, and unearth possible employment claims, thereby avoiding lawsuits. On the con side, employees will argue that the company is obligated to follow the letter of the policy under every circumstance, and that the failure to do so constitutes a breach of contract or wrongful termination. The choice is yours. If it were our company, we would want to make sure that there was a grievance policy to maintain checks and balances against poor management decisions.

TERMINATION PROCESS

Pre-Layoff Checklist
This form is an excerpt from the Special Report: Layoffs, Reductions in Force and Downsizing. Too many times employers make knee jerk layoff decisions. As a result, they waste an incredible investment in employee talent or, even worse, open themselves up to employee lawsuits. Use this checklist to ensure you have done everything possible before you engage in Layoffs, Reductions in Force or Downsizing. This is a legal minefield and advise from your attorney is encouraged.

Reductions In Force
Given 80,000 layoffs a month, chances are your company may need this document some day as a starting point for formulating a layoff or policy.

Pre-Termination Checklist
This form is to be used before you give an employee notice of termination. It will help you to cross your "T's" and dot your "I's" and avoid wrongful termination lawsuits, wage claims, security issues, etc. in the process.

Termination Checklist
This form is to be used to "close the door" on a departing employee. It, too, will help you to cross your "T's" and dot your "I's" and avoid wrongful termination lawsuits, wage claims, security issues, etc. in the process.

Notice of Verbal Warning
Use this form to memorialize a Verbal Warning. This form does not have to be provided to the employee but placed in their file. Let the employee know that it was placed in their file. If conduct should repeat itself, you must follow-up with a Written Notice.

Termination Notice
California, as well as other states, requires an employer provide an employee with a notice setting forth their reason(s) for termination. The purpose of this form is to help comply with these requirements. We think it is good practice, too. Never give a false reason for an employee's termination (i.e., elimination of job position). Make sure the reason given is the "real reason" and you are prepared to back it up with objective and documented proof.

Termination Certification
The purpose of this document is to make sure that all company property has been returned by a departing employee.

Exit Interview Form
You should attempt to use this form with every employee that leaves your company, whether they leave voluntarily or not. It is amazing how much knowledge you can capture from departing employees. This also acts as a last-step, lawsuit prevention device.

Post-Employment Release of Employment Information
Reference giving is a legal land mine. Most attorneys only recommend a name, rank and serial number approach. This form, like the Employee Reference Request, will help protect you from claims of slander, discrimination, breach of privacy and misrepresentation. Use this if giving a reference. Have it signed by your ex-employee and the company making the inquiry.

Post-Employment Reference Policy*
This is the name, rank and serial number policy contained in most employee handbooks. If you wish to share anything more you use the Employee Reference Request form.

Sample Customer Letter for Departed Employee
If you mismanage the way you handle a departing employee, you can find yourself slapped with a lawsuit for slander, defamation and interference with prospective business relations. Focus on customer benefits afforded by the new employee as opposed to the conduct of the departing employee.

Sample General Release Agreement
This form definitely needs to be reviewed by an attorney before it goes final. This form is an improvement on dozens of forms we have seen in our litigation practices. While it is long, there can be no skimping on release agreements.

COBRA Notice Form
You should be able to get the COBRA forms from your insurance carrier - if not, you can use ours.

COBRA Election Form
You should be able to get the COBRA forms from your insurance carrier - if not, you can use ours.

PERSONNEL LAW COMPLIANCE

Compliance Program FAQ
This outline reviews the who, what, when, why and where of your compliance program. Fill in your company information and distribute to your employees at the next employee meeting, online or in print.

Risk Management Essentials
In order to be successful in today's rapidly changing and litigious economy, your company should address the risk management essentials covered in this form.

EEO Statement and Non-Harassment Policy*
This is your boiler plate EEO statement with minor modifications. Unless you work in a management black hole, your company should already have an EEO policy. Check to see how you can make yours even better.

Acknowledgment and Waiver Regarding Employee Dating
This is a form was generated to protect a company from a consensual dating relationship gone sour. It is estimated that between 6 and 8 million Americans enter into a workplace dating relationship every year. According to a survey done by the American Management Association, about 50% of the time the result is either marriage or a long-term connection. If you're concerned about protecting yourself from the relationship gone sour, consider requesting that employees sign such a contract - especially where one of the employees is in a supervisor role over the other. Note: If you ever face a situation of this complexity and exposure - you better call your lawyer!

Employee Compliance Survey
This is the single most powerful lawsuit prevention form ever created! Unless somebody has copied this one, you won't find one like it anywhere - yet it's so simple. This form is designed to break past the "culture of silence" which exists in the workplace. It's amazing how we're afraid to find out if things are wrong. Instead of asking, we use the more comfortable "waiting until we get hit with a problem so hard that we're sent into a tailspin" approach. Try that with your kids and you're asking for trouble. Try it with your employees and that trouble is called a lawsuit. Keep your workplace cleansed of harassment and discrimination complaints. Circulate this form at least bi-annually. Place the executed forms in the employees' personnel files, in a separate file by itself, or both. If an employee says they don't know the company policy - then educate them until they "get it." If an employee says that they've been the victim of, or witnessed a violation, then use the following forms to assist with a prompt and thorough investigation. Better yet, call your attorney and ask for professional assistance. Remember, the best place to avoid claims is on the front-end.

Checklist for Investigating Complaints of Harassment or Discrimination
Our first bit of advice is to have an independent investigator or your attorney look into these types of complaints. If you dare to go it alone, this checklist provides a road map that will help to protect against some of today's most common employee lawsuits. You are encouraged to take a look at the Special Report: 19 Powerful Strategies For Investigating Theft, Harassment And Other Wrongful Employee Conduct.

Employee Complaint Form
When an employee brings forth a complaint, it is imperative that you engage in a prompt and thorough investigation. It is important to have an employee memorialize the entirety of their complaint, as it serves not only as a guideline for investigation, but prevents them from changing their story later on. By memorializing the employee's complaint, both the company and the employee will be protected in the process.

Complaint Interview Form
Again, if you're crazy enough to go it alone, then this form contains the most important questions you need to ask during an interview. Remember, the interview process is for fact gathering, not placing judgment. Engage in dialogue, listen to the answers you get and explore those answers before you go on to the next question.

Sample Witness Statement Form
Another "go it alone" form. It's critically important to capture favorable witness testimony as soon as it is available. You never know when an employee will move, pass away or quit your company - or file a lawsuit of their own. Better to have one witness statement in hand than two potential witnesses in the bush.

Family and Medical Leave Policy *
This form is designed to help you comply with the Family and Medical Leave Act. If you have more than 50 employees, you are subject to the FMLA. You may also have similar obligations under the laws of your state regardless of your company size. Use this form in your employee handbook, post it on a bulletin board, or distribute it independently.

Federal Compliance Chart
You should attempt to use this form with every employee that leaves your company, whether they leave voluntarily or not. It is amazing how much knowledge you can capture from departing employees. This also acts as a last-step, lawsuit prevention device.

California Compliance Chart
You should attempt to use this form with every employee that leaves your company, whether they leave voluntarily or not. It is amazing how much knowledge you can capture from departing employees. This also acts as a last-step, lawsuit prevention device.

FMLA - Provisional Letter
This Leave of Absence letters will help you manage employees who won't or can't come to work. Use this letter if an employee has been out sick for more than 3 consecutive days and has not notified you that he/she will be out for a possible FML qualifying event and send it with the Employee Request for FMLA form.

Employee Request for FMLA Form
If any employee suggests they may need medical leave to take care of themselves or a close family member, have them fill out and sign this form. Note: Under the FMLA you are required to give notice to an employee that their 12 week FMLA leave may have started. The failure to do so may prevent the 12 week period from starting.

Response to Employee Request for FMLA Form
As a general rule, if you are subject to the FMLA, you need to make every effort possible to accommodate the absence of an employee who is sick, pregnant or taking care of somebody else who is. Be human about this. Treat the employee the way you would want to have an employer treat your mother, and you will avoid not only FMLA claims, but most other employee lawsuits as well.

Leave of Absence - Eligibility Verification
This letter should be sent after receiving request for FMLA leave and verifying eligibility.

Leave of Absence - Warning for Failing to Provide Medical Certification
Termination letter for failing to supply medical certification.

Leave of Absence - Warning for Failure to Return to Work
Warning letter to be sent to an employee who fails to return at end of the leave.

Leave of Absence - Medical Certification
Warning letter to be sent to employee who has not supplied a medical certification.

Leave of Absence - Extension of FMLA
This letter should be sent if an employee requests an extension of family and medical leave.

Leave of Absence - Return to Work

Leave of Absence - Termination No Contact
Termination letter to be sent to an employee who fails to contact you at end of the leave.

Leave of Absence - Termination Failure to Return
Termination letter to be sent to an employee who fails to return at end of the leave.

To see JAN's disability accommodation flowchart click here .