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"The
LAWSUIT FREE!™ compliance program provides us with a risk management
approach to a very complex legal area that is easy to understand and implement."
Leslie
Logan, CEO
Rose Electronics, San Jose, CA
This
is a one-of-a-kind program. It is an easy to follow guide to mastering the
basics of employment law compliance.
The LAWSUIT FREE!™
program bundle comes complete with on-line access to audiofiles, the
LAWSUIT FREE!™ book, the LAWSUIT FREE!™ PowerPoint
presentation, an extensive workbook, the self-conducted legal compliance audit
with automated responses, more than 125 personnel forms and as an added bonus,
19 Special Reports! And...all for less than the cost of one hour of a lawyer's
time!
To learn the details about
the many benefits of LAWSUIT FREE!™,
click here.
What follows is an outline
of the LAWSUIT FREE!™ program with related Personnel Forms:
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| Strategy
#1: |
COMMIT TO LEGAL COMPLIANCE!
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Complaining about the law doesn't prevent
claims
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Focus on front-end strategies and tools
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Educate managers and employees
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Forms:
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Employment Practices Liability Worksheet
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| Strategy
#2: |
CREATE A COMPANY CODE OF
ETHICS
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Create a reference point and guiding
light for the hard times
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Good ethics is good business!
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Ask questions and encourage
employees speak up
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Forms:
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Sample Code of Ethics
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Business Ethics and Conduct
Disclosure Statement
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| Strategy
#3: |
HIRE FOR VALUE
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Define the need and take your time
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Avoid laziness, desperation and
infatuation
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Make sure to follow a hiring process
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Forms:
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19 Strategies for Hiring the Best
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Hiring Checklist
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Position Request Form
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Employment Application
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Job Description Form
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Pre-Employment Questionnaire
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Knowledge Worker Interview
Questionnaire
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Questions to Avoid During an
Interview
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Applicant Appraisal Form
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Co-Employee Applicant Appraisal Form
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| Strategy
#4: |
MAINTAIN "AT WILL"
EMPLOYMENT
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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
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Forms:
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| Strategy
#5: |
CONDUCT REFERENCE CHECKS
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Statistics indicate extensive
misrepresentation
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Use a reference release form
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Obtain FCRA waivers
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Forms:
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Authorization, Waiver and Release of
Liability for Consumer Credit Report
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Authorization, Waiver and Release of
Liability of Employment Related Background Investigations
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Pre-Hire Reference Check
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Employee Reference Request
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| Strategy
#6: |
TEST, TEST, TEST
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Tests must be rationally and valid
indicators of success
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Use skill tests, character analysis
and drug tests
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Outsource the testing function to
qualified experts
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Forms:
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| Strategy
#7: |
WATCH WHAT YOU SAY
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Guard against puffery and
overstatement
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Representations must be based on
objective and documented evidence
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Follow uniform interview guidelines
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Forms:
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Checklist for Employment Agreements
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Employment Agreement Worksheet
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Employment Agreement Cover Letter
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Employment Agreement - "For Cause"
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Employment Agreement- "At will"
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| Strategy
#8: |
HIRE AND ACCOMMODATE
DISABLED EMPLOYEES
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Disabled employees have better than
average productivity, attendance and safety records
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Most accommodations are inexpensive
and public assistance is available
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Get help from a qualified expert or
attorney
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Forms:
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ADA Resource List
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Disability Accommodation Request
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"I only wish we had the LAWSUIT
FREE! Program a year ago. It would have saved us thousands of
dollars and tons of wasted effort."
Karen Dutter, Director of Human
Resources
Career Guidance Foundation
San Diego, CA
| Strategy
#9: |
ESTABLISH SYSTEMS FOR
HOME BASED WORKERS
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Technology is redefining the
workplace
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Define responsibilities, including
allowance of visitors, use of equipment and environment
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Don't turn a home based employee
into an independent contractor
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Forms:
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Home Based Worker Checklist
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| Strategy
#10: |
USE ONLY ESTABLISHED
AGENCIES WHEN HIRING LEASED OR TEMPORARY EMPLOYEES
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How does the agency manage its
workers?
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Clearly define each party's rights
and responsibilities
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Is the agency in compliance?
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Forms:
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Contingent Worker Checklist
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| Strategy
#11: |
DO NOT MIS-CLASSIFY AN
"EMPLOYEE" AS AN "INDEPENDENT CONTRACTOR"
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You may not control an independent
contractor
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The costs of misclassification are
substantial
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Enter into an Independent Contractor
Agreement
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Forms:
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Independent Contractor Agreement
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| Strategy
#12: |
HAVE A CLEARLY WRITTEN
VACATION POLICY
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Define when the vacation starts,
stops and can be used
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Vacation is an "accrued" benefit
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Consider using Paid Time Off (PTO)
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Forms:
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Sample Vacation Policy
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Sample Paid Time Off Policy
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| Strategy
#13: |
REQUIRE PRE-AUTHORIZATION
FOR WORKING OVERTIME
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Are employees are properly
identified as exempt under executive, administrative or professional provisions?
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Use an overtime authorization form
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Analyze overtime on a quarterly
basis
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Forms:
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Overtime Authorization Policy
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Sample Overtime Authorization Policy
for Non-Exempt Employes
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| Strategy
#14: |
DEVELOP A CLEARLY WRITTEN
SALES COMMISSIONS POLICY
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Distinguish between advances and
draws
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Define when a commission is "earned"
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Define what happens to commissions
when an employee is terminated
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Forms:
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Sample Sales Commission Policy
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Sample Commission List Table
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| Strategy
#15: |
CREATE A "VALUE ADDED"
PERFORMANCE APPRAISAL SYSTEM
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Employees must "own" their
performance
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Focus on continual improvement
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Consider the use of 360° performance
improvement tools
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Forms:
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Performance Improvement Form - Long
Version
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Performance Improvement Form - Short
Version
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Peer Improvement Form
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Supervisor Improvement Form
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| Strategy
#16: |
TRAIN ALL YOUR EMPLOYEES
IN CONFLICT RESOLUTION AND DIALOGUE
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Conflict = communication breakdown +
emotional override
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Engage in dialogue
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Attack the conduct, not the employee
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Forms:
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Conflict Resolution Checklist
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| Strategy
#17: |
USE MEDIATION AND
ARBITRATION
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Mediation is focused on compromise
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Arbitration is an alternative to
trial
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Carefully select your mediator or
arbitrator
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Forms:
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Sample Mediation and Arbitration
Agreement
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"The LAWSUIT FREE!™ Compliance Program is
superb, cutting edge material. The material is 'quick' and hard hitting.
It is low on verbiage and high on readily applicable techniques. The
program is worth thousands."
Bob Bregman, Senior Research
Analyst
Insurance Risk Management Institute, Dallas, TX
| Strategy
#18: |
FIRE POOR EMPLOYEES!
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Make sure it's not the system
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Document, document, document
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Consider a severance and release
agreement
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Forms:
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Notice of Disciplinary Action
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Disciplinary Leave Notice
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Employee Correction Form
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Pre-Layoffs Checklist
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Pre-Termination Checklist
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Termination Checklist
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Exit Interview Form
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| Strategy
#19: |
CONSIDER ALTERNATIVES TO
LAYOFFS OR DOWNSIZING
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Avoid knee-jerk layoffs
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Do not undervalue employee knowledge
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Create a learning organization
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Forms:
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The 60-Day New Employee Survey
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Pre Layoff Checklist
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| Strategy
#20: |
BE CAREFUL WHEN PROVIDING
REFERENCES
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Limit references to dates of
employment and final position held
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Obtain a release from the
prospective employer and the former employee
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Make one person in your company
responsible for providing references
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Forms:
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Post Employment Reference Policy
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Post Employment Release of
Employment Information Form
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| Strategy
#21: |
EMBRACE HEALTH AND SAFETY
IN THE WORKPLACE
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Focus on the front-end investment
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Obtain assistance from insurance
carriers and government agencies
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Reward employees that disclose
health and safety concerns
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Forms:
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21 Things to Do for a Safe Workplace
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| Strategy
#22: |
COMMIT TO YOUR POLICY
PROHIBITING DISCRIMINATION AND HARASSMENT
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Have an up-to-date EEO policy
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Send a message from the top
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Educate your managers in avoiding
discrimination and harassment issues
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Forms:
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Sample EEO Statement and Policy
Prohibiting Discrimination and Harassment
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Sexual Harassment I.Q. Test
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Required and Recommended Posters and
Handouts
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| Strategy
#23: |
ACCOMMODATE FAMILY AND
MEDICAL LEAVE
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FMLA applies to companies with 50 or
more employees
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Provide notice of FMLA accumulation
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Use a contingent worker unless
"undue hardship" results
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Forms:
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Sample Family and Medical Leave of
Absence Policy
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Employee Request for Family or
Medical Leave of Absence
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Employer Response to Employee
Request for Family and Medical Leave of Absence Form
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"The LAWSUIT FREE! Program is risk
management thinking at its finest. There's not a better product on the
market."
George Nordhaus, President & CEO
Insurance Marketing & Management Services, Los Angeles, CA
| Strategy
#24: |
CONDUCT REGULAR
COMPLIANCE SURVEYS OF YOUR EMPLOYEES
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Break past the "culture of silence!"
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Make sure they "get it"
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Ask if there is a problem
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Forms:
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Employee Compliance Survey
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| Strategy
#25: |
INVESTIGATE, INVESTIGATE,
INVESTIGATE!
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Don't ignore, bury or deny
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Do a prompt and thorough
investigation
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Get professional help
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Forms:
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Checklist for Investigating
Complaints of Discrimination or Harassment
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Employee Complaint Form
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Complaint Interview Form
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Sample Witness Statement Form
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Strategy #26: |
DON'T RETALIATE
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Watch out for negative filters after
a claim
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Protect against an estranged
relationship
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Assign a company ombudsman for
follow-up complaints
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Forms:
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| Strategy
#27: |
RESPECT YOUR EMPLOYEES'
PRIVACY RIGHTS
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Stick to legitimate business
objectives
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Disclose voicemail, e-mail and
internet monitoring
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Maintain confidentiality of
personnel and medical records
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Forms:
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Sample Voicemail/E-mail/Internet
Policy
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Sample Employee Privacy/Right to
Inspect Statement
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| Strategy
#28: |
HIRE THE RIGHT LAWYER!
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Rely on the advice of an experienced
employment lawyer
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Use lawyers to avoid claims - not
just to clean them up
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Have your lawyer sign the Client
Bill of Rights
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Forms:
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Client Bill of Rights Form
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| Strategy
#29: |
PURCHASE EMPLOYMENT
PRACTICES LIABILITY INSURANCE (EPLI)
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Protect against "special variances"
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Purchase rider or a stand-alone
policy
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Find a value added insurance carrier
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Forms:
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Employment Practices Liability
Insurance Worksheet
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To see a sample strategy,
click here.
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