Human Resource Management & the Law
Topics Covered Wrongful Discharge
Privacy
Substance Abuse
Temporary Employees and
Independent Contractor Issues
Wage and Hour
Violence in the Workplace
Equal Employment Opportunity
EEOC Charge Processing Materials
Sexual Harassment
Wrongful Discharge
Effectively managing performance terminations: The Basic
Rule
Exceptions to the "At will" basic rule
Exception1: Violation of Public Policy
Employment Contracts
Breach of a written, verbal or implied contract
How to effectively manage discipline and discharge issues by
establishing "cause"
What to do now to effectively manage discipline and
discharge issues
The concept of constructive discharge
Intentional infliction of emotional distress
Key principles of wrongful discharge
Privacy
- Employee Privacy: General principles
- When the right of privacy arises in the workplace
- Drug Testing
- Searches
- Defamation
- Outside work activities
Substance Abuse
- Substance abuse and employment laws
- Guidance from Employee Assistance Programs
- Identifying a troubled employee
- Absenteeism
- High accident rate
- Changes in personal habits
- Poor job performance
- Poor interpersonal relationships on the job
Temporary Employees and Independent Contractor Issues
- Independent Contractor or Employee?
- The Common Law Right to Control Test
- The IRS 20 Factor Test
Wage and Hour
- Overtime pay
- Travel time
- "Standby", "On-call" or
"Pager" pay
- Compensatory time off
Violence in the
Workplace
- Managing violence: why is it important?
- How to determine if someone has the potential for violence
- When does Liability arise?
- The duty to provide a safe workplace
- Theories of liability
- The effect of Workers Compensation
- Responding to threats of violence
- Key principles of violence in the workplace
Equal
Employment Opportunity
- Equal Employment Opportunity Laws
- What is protected?
- What is regulated
Who can sue
- Race, Color and National Origin Discrimination
- National origin special issues
- Religious discrimination
- Special issue or reasonable accommodation
- Tips for reasonable accommodation of religious practices
- Sex and pregnancy discrimination
- Special issues: Leave policies
- Federal and State Laws governing family and medical leaves
- Age discrimination and sexual orientation
- Marital status discrimination
- Medical condition
- Physical and mental disability discrimination
- Physical and mental disability definitions
- Protected disabilities and exclusions
- Special Issue of Reasonable Accommodation
- Special Issues: Drug/Alcohol abuse; AIDS/HIV
- Remedies for discrimination
- Checklist for avoiding charges of discrimination
- Hiring
- Training and promotions
- Working conditions and Fringe Benefits
- Termination
- Affirmative Action Principles
- Key discrimination of concepts
- Key principles of EEO
EEOC Charge
Processing Materials
- Notice to Complainant and Respondent
- Notice of Charge of Discrimination
- Charge of Discrimination
- Request for Information
- Response
- Determination
Sexual Harassment
- Managing Sexual Harassment: Why is it important?
- Unwelcome sexual conduct
- How to determine whether an environment is sexually hostile
- Considerations
a quick test
- When does liability arise?
- Key elements to a proper response to a sexual harassment
complaint
- Guidelines on documentation
- Preventative actions to create a harassment free workplace
- Key principles of sexual harassment
Related Information :
This page was last updated on 11/11/02.
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