Hiring, Firing and Discipline for Employers

Part of the
Human Resources Library
Authored by attorneys at Ford & Harrison LLP and F&H Solutions Group, LLC
Timothy S. Bland
Richard L. Reinhardt
Price: $0.00

Hiring, firing and discipline: three topics that affect every employer, no matter the size.  Your employees are your greatest resource – however they also represent a potential source of numerous liability concerns.  This manual focuses on all the issues faced by employers and managers, with 7 state-by-state charts and 18 chapters, covering topics such as:

Pre-employment issues

  • Crafting a task-focused job advertisement
  • Handling applications
  • How to establish an employment-at-will doctrine

Interviews

  • Sample questions and what to avoid asking about
  • ADA concerns like reasonable accommodation
  •  Union-related questions

Employee personnel files

  • Separation of medical paperwork
  • Employee access
  • Sarbanes-Oxley compliance

Discipline and termination

  • Performance appraisals and progressive discipline
  • Common discipline and discharge pitfalls
  • Tips for a risk-free termination meeting

This publication was compiled by the attorneys at Ford & Harrison LLP and F&H Solutions Group.

Recent Updates

01/09/2013

The new minimum wage poster is now available in Appendix C, Posting requirements. Log in to Model Policies and Forms for Arizona Employers on HRsimple.com to download the updated minimum wage poster now.

01/09/2013

The new minimum wage poster is now available in Appendix B, Posting requirements. Log in to Model Policies and Forms for Missouri Employers on HRsimple.com to download the updated minimum wage poster now.

01/09/2013

The new minimum wage poster is now available in Appendix B, Posting requirements. Log in to Model Policies and Forms for Ohio Employers on HRsimple.com to download the updated minimum wage poster now.

12/13/2012

The authors at Ogletree Deakins have made an update to Model Policies and Forms for Tennessee Employers on HRsimple.com! Check out and download the new “Summary of Your Rights Under the Fair Credit Reporting Act,” which was recently updated, re-issued, and must be used starting January 1, 2013.

12/13/2012

The authors at Rubenstein & Pitts have made an update to Model Policies and Forms for Oklahoma Employers on HRsimple.com! Check out the new section Background checks and download the new “Summary of Your Rights Under the Fair Credit Reporting Act,” which was recently updated, re-issued, and must be used starting January 1, 2013.

12/13/2012

The authors at Dickinson, Mackaman, Tyler & Hagen, P.C. have made an update to Model Policies and Forms for Iowa Employers on HRsimple.com! Check out and download the new “Summary of Your Rights Under the Fair Credit Reporting Act,” which was recently updated, re-issued, and must be used starting January 1, 2013.

12/12/2012

The authors at The Cavanagh Law Firm have made an update to Model Policies and Forms for Arizona Employers on HRsimple.com! Check out and download the new “Summary of Your Rights Under the Fair Credit Reporting Act,” which was recently updated, re-issued, and must be used starting January 1, 2013.

12/12/2012

The authors at Squire Sanders (US) LLP have made an update to Model Policies and Forms for Ohio Employers on HRsimple.com! Check out the new section Background checks and download the new “Summary of Your Rights Under the Fair Credit Reporting Act,” which was recently updated, re-issued, and must be used starting January 1, 2013.

12/11/2012

The authors at Cozen O’Connor have made an update to Model Policies and Forms for Texas Employers on HRsimple.com! Check out and download the new “Summary of Your Rights Under the Fair Credit Reporting Act,” which was recently updated, re-issued, and must be used starting January 1, 2013.

12/11/2012

The authors at Hinkle Law Firm have made an update to Model Policies and Forms for Kansas Employers on HRsimple.com! Check out and download the new “Summary of Your Rights Under the Fair Credit Reporting Act,” which was recently updated, re-issued, and must be used starting January 1, 2013.

11/09/2012

Employee Benefits – An Employer’s Guide has been updated recently:

Chapter 3, Health benefit plans

Chapter 4, Regulation of group health plans

Chapter 5, Health care reform

Chapter 7, Severance plans

Chapter 8, Cafeteria plans

Chapter 9, Retirement plans

Chapter 10, Additional 401(k) qualification requirements

Chapter 11, Nonqualified deferred compensation plans

Chapter 13, Fiduciary duties under ERISA

11/05/2012

The Workplace Safety and Health Compliance Manual has been updated recently:

Chapter 6, Significant standards

Chapter 13, Whistleblower protection – prohibition of discrimination/retaliation

Appendix G, U.S. Department of Labor regional OSHA offices

Appendix H, Directory of states with approved occupational safety and health plans

Appendix J, State plan notice of contest timeline

Appendix V, OSHA’s national, regional, and local special emphasis inspection program

Appendix X, OSHA Injury & Illness Recordability Worksheet

10/26/2012

A Guide to FMLA and ADA has been updated recently:

Chapter 2, FMLA definitions

Chapter 3, Employer coverage and employee eligibility

Chapter 4, Reasons for leave

Chapter 5, Serious health conditions

Chapter 7, Length of leave

Chapter 8, Notice and documentation – employee obligations and employer challenges

Chapter 11, Employee rights under FMLA

Chapter 17, "Disability" in detail

Chapter 18, Reasonable accommodation under the ADA

10/18/2012

Employment Verification – An Employer’s Guide to Immigration, Form I-9, and E-Verify has been updated recently:

Chapter 2, Immigration and employment

Chapter 3, Immigration visas

Chapter 4, I-9 Form

Chapter 10, ICE investigations

Chapter 13, E-Verify

Chapter 16, Trends in criminal enforcement of immigration sanctions and I-9 audits

10/05/2012

Wages and Hours: An Employer’s Guide has been updated recently:

Chapter 8, Non-exempt employees: minimum wage requirements

Chapter 9, Non-exempt employees: overtime compensation

Chapter 11, Non-exempt employees: determining work time

Chapter 17, Employment of minors

09/14/2012

Hiring, Firing and Discipline for Employers has been updated recently:

Chapter 7, New hire reporting

Chapter 14, Termination

Chapter 18, Social media

08/28/2012

The authors at Fisher & Phillips have made another update to the South Carolina Employment Law Reference Guide on HRsimple.com! Check out the new section, Poster update, which discusses the revised Required Work Place Poster – including a link to the updated poster.

06/29/2012

Your HR Manual has recently been updated! To find out what yesterday’s Supreme Court ruling regarding health care reform means for employers, click on your state below:

For Tennessee, click here.

For Iowa, click here.

For Oklahoma, click here.

For Kansas, click here.

For South Carolina, click here.

06/28/2012

You've heard it on the news – and now you're hearing it from the experts at Barran Liebman! The authors of Health Care Reform: A Year-By-Year Guide for Employers have made a timely update to the text on HRsimple.com. Click here to read the recently added section, "Is health care reform here to stay?" and find out what today’s Supreme Court ruling means for employers.

05/16/2012

The South Carolina Employment Law Reference Guide has recently been updated by the authors at Fisher and Phillips in response to a new law change.

The revised section addresses the no-longer mandatory National Labor Relations Board (NLRB) poster – which was to have been a required posting by April 30, and has now been delayed.

To see the new text, check out Appendix B, Posting requirements.

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