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 Location:  Home » Nolo Press Legal Help » Human Resources & Personnel Management » Dealing With Problem Employees: A Legal Guide (Dealing With Problem Employees, 1st ed)December 3, 2008  
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Dealing With Problem Employees: A Legal Guide (Dealing With Problem Employees, 1st ed)
Dealing With Problem Employees: A Legal Guide (Dealing With Problem Employees, 1st ed)
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Authors: Amy Delpo, Lisa Guerin
Publisher: Nolo Press
Category: Book

List Price: $44.99
Buy New: $4.10
You Save: $40.89 (91%)
Buy New/Used from $0.01

Avg. Customer Rating: 4.5 out of 5 stars(7 reviews)
Sales Rank: 1689417

Languages: English (Original Language), English (Unknown), English (Published)
Media: Paperback
Number Of Items: 1
Pages: 400
Shipping Weight (lbs): 1.7
Dimensions (in): 9 x 7.1 x 1.1

ISBN: 087337715X
Dewey Decimal Number: 658.3045
EAN: 9780873377157
ASIN: 087337715X

Publication Date: August 2001
Availability: Usually ships in 1-2 business days

Editorial Reviews:

Product Description
An employer's nightmare? Problem employees, of course. But in today's world, many business owners, supervisors and managers often want to work effectively with difficult employees rather than fire them -- and Dealing With Problem Employees shows them how. This book combines the practical and legal information employers need. Providing a plain-English overview of employment law, Dealing With Problem Employees also shows readers how to:

head off potential problems and conflicts

recognize who is and isn't a problem employee

evaluate the circumstances

investigate problems and complaints

conduct performance evaluations

apply progressive discipline

suspend employees, if necessary

terminate employment

deal with the results of termination

handle severances and references

avoid legal trouble Whether employers need to handle situations as they crop up, or want to implement policies and procedures to make the workplace problem-free, they'll find everything they need in this one-of-a-kind book. Provides sample policies, forms, checklists and statutes for every state. NOTE: This book does not cover hiring or layoffs. For more information on these topics, see The Employer's Legal Handbook, published by Nolo.


Customer Reviews:   Read 2 more reviews...

4 out of 5 stars Newbie to management and this book helped......   July 1, 2008
I am new to management and this book helped clarify many topics. The book is written in a down to earth style, and just jammed with valuable info. Anyone going into HR or Management would certainly benefit from reading and then using this book as a resource.


5 out of 5 stars This book...or an expensive situation. You do the math   March 13, 2006
  2 out of 3 found this review helpful

I have given away quite a few copies of this book to friends who stepped into new management positions. Always, it seems, there is a situation that has been stewing for months if not years with a problem person. But dealing with the problem the RIGHT way saves money, the wrong way, well, you do the math. Sometimes problem employees can be quite clever at working the system to their favor. Other times, dismissing them or managing them improperly leads to a time bomb. Expensive any way you look at it, not to mention the time sink it can cause.

This book covers the high cost of problem employees, production and performance issues, drug and alcohol abuse, violence, morality, insubordination and absenteeism. Then it goes on to give an overview of the law. How to do performance evaluations, progressive discipline and then investigation and summary action. There is a chapter on planning for the aftermath of a dismissal or action, severance policy and how to terminate an employee properly (hint, don't do it in a van while the terminee-to-be is driving the van, something I've seen in my career and really CANNOT recommend as a safe way to fire anyone.)

This is absolutely a must on any manager's business library shelf. Cannot recommend it enough.



4 out of 5 stars A great resource book that delivers as advertised.   November 8, 2003
  7 out of 7 found this review helpful

This book is an excellent starter for anyone who is new to running a small company, and wants a better understanding of the legal pitfalls of employment practices and some practical advice on how to avoid them. The book does a good job in covering most of the basics of employment law, and in addition provides some tips on performance management, terminations, and investigations that should work well in the majority of situations.

There are a couple of areas where the book is a little light, and therefore a business owner or leader would want more information. The section and information on sexual harassment laws is weak, considering that the most common type of sexual harassment complaint (hostile work environment) is a broad set of very gray areas of risk determined by the employee. Little coverage is given to the legal definitions of sexual harassment, including how an employer may be liable if they "should have known" the behavior was taking place. Additionally more information on how to create a positive working environment, which avoids legal risks but is still a place where people want to work, would be useful. Additionally, most business owners would like to see information on how to better connect the dots between employee behavior, legal constraints and business results.

I also recommend that any leader wishing to employ these tips and practical information in their workplace first read one of the many excellent books on leadership, or how to motivate employees, and how and why to treat people with dignity and respect. The excellent and unusual leadership book, Leadership and Self Deception, is an example of a great companion for this text. Consider this book the "what" and "how" of what to do with legal employment issues, and others to really focus on the "why".

Overall, this is an excellent resource; it is well written and planned with easy access to information. The resources provided are excellent. The authors did a commendable job and taking often complex legal information and writing it in a way non-lawyers can understand and utilize. It is what it advertises to be, a legal guide. I think this will make an excellent resource for small business owners, and plan to give my copy to a friend who runs a small non-profit and is always calling me for advise of this nature.


5 out of 5 stars Nearly Flawless   September 12, 2003
  4 out of 4 found this review helpful

Dealing With Problem Employees is an excellent resource for most organizations, especially for start up companies. This fine book investigates key employment issues such as contract employees, sexual harassment, alcohol and drug abuse, developing performance appraisals, dealing with dangerous employees, interviewing, and countless legal issues. All of the above issues are discussed from a detailed point of view as numerous examples are cited illustrating the fine line between what is proper conduct and what is illegal. Very specific examples are given how to fire someone, provide fair job references, and conduct a disciplinary hearing that motivates employees to improve. The importance of having an employee handbook is emphasized greatly. The depth is so phenomenal that there is even a section on how to fire your employment lawyer when he does you wrong.

There are a few questionable sections on exit interviews. From my personal experiences, most firms blur the line between termination and exit interviews. In other words, when someone is terminated there is one meeting on the employees' last day explaining why he is being let go and all the benefits that this person is entitled to. Maybe some higher level management personnel may have some of these extended privileges. I realize that there are a few exceptions as the authors describe. However, from where I stand, most terminations due to performance consist of one meeting combining all the elements combined in the termination and exit interviews. Financial layoffs may vary.

Also the section of an employee being allowed to have representation in a termination meeting is slightly disjointed. I have never encountered such a situation for myself or anyone else. Perhaps there are a few unusual exceptions but truthfully I think the authors need to adjust their position at least a little bit.

Nonetheless, this is super book with outstanding legal references in every chapter. I can certainly overlook the two small weaknesses illustrated above as the strengths are great, numerous, and in great detail. I must emphasize that this is excellent reading for employers and even employers. Yes, employees should be aware of the many interpersonal and legal issues their employers face. In conclusion, a must have on all fronts.


5 out of 5 stars Great for Avoiding and Handling Employee Problems!   September 10, 2003
  1 out of 1 found this review helpful

I strongly recommend this book for people planning to start-up their first business, those becoming supervisors for the first time, and those who are entering human resource positions . . . as well as those who do not know how employment law currently works.

Most problems with employees begin with incomplete or poor communications. This guide is just as good at helping with those communications as it is with understanding how the law applies to situations that arise.

As an attorney, I found the legal information to be complete and accurate (often providing summaries and references to state laws, as well as federal ones). As a management consultant, I found almost all of the advice to be pertinent and up-to-date with best practices. The only exception was that many management experts now discourage annual reviews in favor of continuous feedback (which is also encouraged by the book).

Have you ever fired anyone? It's no fun. The book's description of how events should lead up to that, and how to handle the event for all concerned is wise and helpful for anyone who is about to have to do that. Even if you have fired people before, you can probably get some good ideas in this book for how to do it better.

If you don't have a system for progressive discipline (feedback that improvement needs to be made), you can get what you need here to design and implement such a system.

This guide will also be helpful to disgruntled employees who wonder if they should seek out an attorney. The section on how to find an employment attorney is equally applicable to companies and employees.

I was pleasantly surprised to see that after going into firing, the book also takes the reader back into hiring to see how to avoid hiring people in the future who will have to be fired.

In total, this book surpassed my very high expectations. Nice job!

After you finish reading this book, think about how the principles of good communication and fairness developed in the book could be applied to working with customers and other important stakeholders as well.

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