Dealing with Problem Employees: A Legal Guide (3rd edition) [Paperback]

Amy Delpo (Author), Lisa Guerin (Author)

Book Description

Publication Date: October 2005

Take control of your problems and your workplace.

Do you have an employee who isn't performing, isn't producing or doesn't show up at all? Or does your workplace seem to be a breeding ground for all kinds of employee problems, large and small?  No matter what the problem is, this book can help.

Dealing With Problem Employees provides proven techniques -- and more importantly, immediate fixes-- for dealing with the inevitable problem employee. Find out how to:

*avoid hiring problem employees

*recognize who is and isn't a problem employee

*help problem employees get back on track

*investigate problems and complaints

*conduct performance evaluations

*apply progressive discipline

*suspend employees

*fire employees

*handle severances and references

*institute effective policies and procedures

The 3nd edition is completely updated to reflect the latest employment laws in your state, and provides a new chapter on using mediation to resolve workplace disputes. It also provides sample policies to help give you a trouble-free workplace.

Editorial Reviews

Review

"Offers proven techniques for creating a trouble-free workplace and offers immediate fixes for handling your problem employee of the moment." -- Small Business Opportunities

About the Author

Ms. DelPo is an author and consulting editor who specializes in employment and family law issues. She brings more than six years of criminal and civil law experience to her work at Nolo, having litigated cases in all levels of state and federal courts, including the California Supreme Court and the United States Supreme Court. Her real-world experience enriches her work at Nolo, where she has written numerous employment law titles, including The Performance Appraisal Handbook, Dealing with Problem Employees, and Create Your Own Employee Handbook. She is also the editor of Parent Savvy, a book that answers parents’ practical, financial, and legal questions. Ms. DelPo currently divides her time between writing on legal issues and chasing after her two busy children, Sophia and Charlie. Ms. DelPo received her law degree with honors from the University of North Carolina at Chapel Hill.

During her years as a law student at Boalt Hall School of Law at the University of California at Berkeley, Lisa worked for Nolo as a research and editorial assistant. After a stint as a staff attorney at the U.S. Court of Appeals for the Ninth Circuit, Lisa worked primarily in the field of employment law, in both government and private practice. Lisa recently rejoined the staff at Nolo, where she is the co-author of Nolo's Pocket Guide to California Law.

Product Details

• Paperback: 400 pages
• Publisher: NOLO; 3rd edition (October 2005)
• Language: English
• ISBN-10: 1413303706
• ISBN-13: 978-1413303704
• Product Dimensions: 8.9 x 7 x 1.3 inches
• Shipping Weight: 2 pounds
• Average Customer Review: 4.6 out of 5 stars  See all reviews (21 customer reviews)
• Amazon Best Sellers Rank: #2,017,446 in Books (See Top 100 in Books)

Customer Reviews

Most Helpful Customer Reviews

11 of 11 people found the following review helpful:

4.0 out of 5 stars A great resource book that delivers as advertised., November 8, 2003

By 

Michael Erisman (Seattle, WA) - See all my reviews

This review is from: Dealing With Problem Employees: A Legal Guide (Paperback)

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.

6 of 6 people found the following review helpful:

5.0 out of 5 stars Nearly Flawless, September 11, 2003

By 

G. J Wiener (Westchester, NY USA) - See all my reviews
(REAL NAME)   

This review is from: Dealing With Problem Employees: A Legal Guide (Paperback)

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.

3 of 3 people found the following review helpful:

5.0 out of 5 stars Topics discussed are very relevant; Good facts and advice., August 10, 2003

By 

Harinath Thummalapalli (Austin, TX United States) - See all my reviews
(REAL NAME)   

This review is from: Dealing with Problem Employees: A Legal Guide (Book with CD-ROM) (Dealing With Problem Employees, 1st ed) (Paperback)

This Nolo Guide is an excellent discussion in plain English of the many things that are involved when you are dealing with problem employees. In 10 chapters, the book covers all the important topics from understanding the problem, employment law basics, and handling complaints, to information on how to fire, planning for the aftermath, and hiring a lawyer if necessary.

Nolo Guides have always been a small business owner's best legal friends but they are useful to almost anyone that wants to have a better understanding of the law before consulting a lawyer (as this saves on money you would have to spend getting educated). This book is no exception and provides very valuable information and advice on how to handle difficult situations with problem employees.

One of the best sections that I found useful were in the chapter on Employement Law Basics. Over the years, working as a Manager in various companies, I had heard of Employment at Will but didn't fully understand its implications. I had signed several employment contracts with my employers without realizing what they meant. After reading this chapter, it made me realize how many of those contracts were not enforceable! And now as an employer, I understand what kinds of contracts ARE enforceable so I can protect myself!

So I believe this book is helpful whether you are an employer or an employee to get a better understanding of the law. This book is NOT meant to replace the legal advice from a lawyer but to arm you with better knowledge before you approach a lawyer. I utilize the services of a lawyer on a need basis but I always read the Nolo books on the specific topic before my meeting. As a result of that, I have saved money by asking the right questions to my lawyer and in turn my lawyer has really appreciated working with a knowledgeable client! I wish I had access to this book when I was an employee as I would have benefited tremendously (as it turns out this book was published after 2001 by which time I had already started my own business). It would have avoided a lot of heartache as I misunderstood what I had signed and thought I couldn't do certain things when in fact I could. I also missed a couple of business opportunities as a result of that.

I hope you find this book as valuable as I did. I actually have more than 30 of their books on all kinds of legal topics. I plan on buying more whenever I can afford them. I have not been disapopinted by a single book from Nolo yet. Good luck!