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"Lawsuit Free! is superb, cutting edge material. It is low on verbiage and high on readily applicable techniques"

Robert Bregman,
Senior Research Analyst,
Insurance Risk Management Institute

"Lawsuit Free! is risk management thinking at its finest."

George Nordhaus,
President & CEO
Insurance Marketing and Management Services

"LAWSUIT FREE! 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

http://www.hrthatworks.net/images/LFCover.jpg

The most critical component for today's business success is personnel management. It is the one constant in a sea of change. The failure of this relationship results in turnover, disloyalty, unproductivity and lawsuits. The mastery of it results in profitability and joy.

The LAWSUIT FREE! Book comes complete with on-line audio files, the LAWSUIT FREE! book, the LAWSUIT FREE! PowerPoint presentation, an extensive workbook, and dozens of personnel forms. All for less than the cost of one hour of a lawyer's time!

View a sample LAWSUIT FREE! strategy.

Why Preventing Lawsuits Is So Important.

Employers are overwhelmed with a sea of compliance information. This book cuts straight to the task of mastering compliance with the most critial risk areas. It comes with easy to use strategies and tools.

Lawsuit Free! comes as part of the HR That Works! program.

What follows is an outline of the LAWSUIT FREE! book with related Personnel Forms:

 

Strategy #1:
COMMIT TO LEGAL COMPLIANCE!
...
  • Complaining about the law doesn't prevent claims
  • Focus on front-end strategies and tools
  • Educate managers and employees
..
Forms:
  • Employment Practices Liability Worksheet
Strategy #2:
CREATE A COMPANY CODE OF ETHICS
...
  • Create a reference point and guiding light for the hard times
  • Good ethics is good business!
  • Ask questions and encourage employees speak up
..
Forms:
  • Sample Code of Ethics
  • Business Ethics and Conduct Disclosure Statement
Strategy #3:
HIRE FOR VALUE
...
  • Define the need and take your time
  • Avoid laziness, desperation and infatuation
  • Make sure to follow a hiring process
..
Forms:
  • 19 Strategies for Hiring the Best
  • Hiring Checklist
  • Position Request Form
  • Employment Application
  • Job Description Form
  • Pre-Employment Questionnaire
  • Knowledge Worker Interview Questionnaire
  • Questions to Avoid During an Interview
  • Applicant Appraisal Form
  • Co-Employee Applicant Appraisal Form
  
Strategy #4:
MAINTAIN "AT WILL" EMPLOYMENT
...
  • 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
    • ..
    Forms:
    • Sample "At-Will" Policy
    Strategy #5:
    CONDUCT REFERENCE CHECKS
    ...
    • Statistics indicate extensive misrepresentation
    • Use a reference release form
    • Obtain FCRA waivers
    ..
    Forms:
    • Authorization, Waiver and Release of Liability for Consumer Credit Report
    • Authorization, Waiver and Release of Liability of Employment Related Background Investigations
    • Pre-Hire Reference Check
    • Employee Reference Request
      
     
    Strategy #6:
    TEST, TEST, TEST
    ...
    • Tests must be rationally and valid indicators of success
    • Use skill tests, character analysis and drug tests
    • Outsource the testing function to qualified experts
    ..
    Forms:
    • Employment Application
      
     
    Strategy #7:
    WATCH WHAT YOU SAY
    ...
    • Guard against puffery and overstatement
    • Representations must be based on objective and documented evidence
    • Follow uniform interview guidelines
    ..
    Forms:
    • Checklist for Employment Agreements
    • Employment Agreement Worksheet
    • Employment Agreement Cover Letter
    • Employment Agreement - "For Cause"
    • Employment Agreement- "At will"
      
     
    Strategy #8:
    HIRE AND ACCOMMODATE DISABLED EMPLOYEES
    ...
    • Disabled employees have better than average productivity, attendance and safety records
    • Most accommodations are inexpensive and public assistance is available
    • Get help from a qualified expert or attorney
    ..
    Forms:
    • ADA Resource List
    • Disability Accommodation Request
      
     

     


    "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
    ...
    • Technology is redefining the workplace
    • Define responsibilities, including allowance of visitors, use of equipment and environment
    • Don't turn a home based employee into an independent contractor
    ..
    Forms:
    • Home Based Worker Checklist
      
    Strategy #10:
    USE ONLY ESTABLISHED AGENCIES WHEN HIRING LEASED OR TEMPORARY EMPLOYEES
    ...
    • How does the agency manage its workers?
    • Clearly define each party's rights and responsibilities
    • Is the agency in compliance?
    ..
    Forms:
    • Contingent Worker Checklist
      
    Strategy #11:
    DO NOT MIS-CLASSIFY AN "EMPLOYEE" AS AN "INDEPENDENT CONTRACTOR"
    • You may not control an independent contractor
    • The costs of misclassification are substantial
    • Enter into an Independent Contractor Agreement
    ..
    Forms:
    • Independent Contractor Agreement
      
     
    Strategy #12:
    HAVE A CLEARLY WRITTEN VACATION POLICY
    ...
    • Define when the vacation starts, s_blanks and can be used
    • Vacation is an "accrued" benefit
    • Consider using Paid Time Off (PTO)
    ..
    Forms:
    • Sample Vacation Policy
    • Sample Paid Time Off Policy
      
     
    Strategy #13:
    REQUIRE PRE-AUTHORIZATION FOR WORKING OVERTIME
    ...
    • Are employees are properly identified as exempt under executive, administrative or professional provisions?
    • Use an overtime authorization form
    • Analyze overtime on a quarterly basis
    ..
    Forms:
    • Overtime Authorization Policy
    • Sample Overtime Authorization Policy for Non-Exempt Employes
      
     
    Strategy #14:
    DEVELOP A CLEARLY WRITTEN SALES COMMISSIONS POLICY
    ...
    • Distinguish between advances and draws
    • Define when a commission is "earned"
    • Define what happens to commissions when an employee is terminated
    ..
    Forms:
    • Sample Sales Commission Policy
    • Sample Commission List Table
      
     
    Strategy #15:
    CREATE A "VALUE ADDED" PERFORMANCE APPRAISAL SYSTEM
    ...
    • Employees must "own" their performance
    • Focus on continual improvement
    • Consider the use of 360° performance improvement tools
    ..
    Forms:
    • Performance Improvement Form - Long Version 
    • Performance Improvement Form - Short Version  
    • Peer Improvement Form
    • Supervisor Improvement Form
      
     
    Strategy #16:
    TRAIN ALL YOUR EMPLOYEES IN CONFLICT RESOLUTION AND DIALOGUE
    ...
    • Conflict = communication breakdown + emotional override
    • Engage in dialogue
    • Attack the conduct, not the employee
    ..
    Forms:
    • Conflict Resolution Checklist
      
     
    Strategy #17:
    USE MEDIATION AND ARBITRATION
    ...
    • Mediation is focused on compromise
    • Arbitration is an alternative to trial
    • Carefully select your mediator or arbitrator
    ..
    Forms:
    • Sample Mediation and Arbitration Agreement

     

     

     

     

     


    "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!
    ...
    • Make sure it's not the system
    • Document, document, document
    • Consider a severance and release agreement
    ..
    Forms:
    • Notice of Disciplinary Action
    • Disciplinary Leave Notice
    • Employee Correction Form
    • Pre-Layoffs Checklist
    • Pre-Termination Checklist
    • Termination Checklist
    • Exit Interview Form
    Strategy #19:
    CONSIDER ALTERNATIVES TO LAYOFFS OR DOWNSIZING
    ...
    • Avoid knee-jerk layoffs
    • Do not undervalue employee knowledge
    • Create a learning organization
    ..
    Forms:
    • The 60-Day New Employee Survey
    • Pre Layoff Checklist
      
     
    Strategy #20:
    BE CAREFUL WHEN PROVIDING REFERENCES
    ...
    • Limit references to dates of employment and final position held
    • Obtain a release from the prospective employer and the former employee
    • Make one person in your company responsible for providing references
    ..
    Forms:
    • Post Employment Reference Policy
    • Post Employment Release of Employment Information Form
     
     
    Strategy #21:
    EMBRACE HEALTH AND SAFETY IN THE WORKPLACE
    ...
    • Focus on the front-end investment
    • Obtain assistance from insurance carriers and government agencies
    • Reward employees that disclose health and safety concerns
    ..
    Forms:
    • 21 Things to Do for a Safe Workplace
      
     
    Strategy #22:
    COMMIT TO YOUR POLICY PROHIBITING DISCRIMINATION AND HARASSMENT
    ...
    • Have an up-to-date EEO policy
    • Send a message from the _blank
    • Educate your managers in avoiding discrimination and harassment issues
    ..
    Forms:
    • Sample EEO Statement and Policy Prohibiting Discrimination and Harassment
    • Sexual Harassment I.Q. Test
    • Required and Recommended Posters and Handouts
      
     
    Strategy #23:
    ACCOMMODATE FAMILY AND MEDICAL LEAVE
    ...
    • FMLA applies to companies with 50 or more employees
    • Provide notice of FMLA accumulation
    • Use a contingent worker unless "undue hardship" results
    ..
    Forms:
    • Sample Family and Medical Leave of Absence Policy
    • Employee Request for Family or Medical Leave of Absence
    • Employer Response to Employee Request for Family and Medical Leave of Absence Form
      
     

    "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
    ...
    • Break past the "culture of silence!"
    • Make sure they "get it"
    • Ask if there is a problem
    ..
    Forms:
    • Employee Compliance Survey
      
     
    Strategy #25:
    INVESTIGATE, INVESTIGATE, INVESTIGATE!
    ...
    • Don't ignore, bury or deny
    • Do a prompt and thorough investigation
    • Get professional help
    ..
    Forms:
    • Checklist for Investigating Complaints of Discrimination or Harassment
    • Employee Complaint Form
    • Complaint Interview Form
    • Sample Witness Statement Form
      
     
    Strategy #26:
    DON'T RETALIATE
    ...
    • Watch out for negative filters after a claim
    • Protect against an estranged relationship
    • Assign a company ombudsman for follow-up complaints
    ..
    Forms:
    • NONE
      
     
    Strategy #27:
    RESPECT YOUR EMPLOYEES' PRIVACY RIGHTS
    ...
    • Stick to legitimate business objectives
    • Disclose voicemail, e-mail and internet monitoring
    • Maintain confidentiality of personnel and medical records
    ..
    Forms:
    • Sample Voicemail/E-mail/Internet Policy  
    • Sample Employee Privacy/Right to Inspect Statement
     
     
    Strategy #28:
    HIRE THE RIGHT LAWYER!
    ...
     
    • Rely on the advice of an experienced employment lawyer
    • Use lawyers to avoid claims - not just to clean them up
    • Have your lawyer sign the Client Bill of Rights
    ..
    Forms:
    • Client Bill of Rights Form
     
     
    Strategy #29:
    PURCHASE EMPLOYMENT PRACTICES LIABILITY INSURANCE (EPLI)
    ...
    • Protect against "special variances"
    • Purchase rider or a stand-alone policy
    • Find a value added insurance carrier
    ..
    Forms:
    • Employment Practices Liability Insurance Worksheet

    Lawsuit Free! comes as part of the HR That Works! program.

    Copyright ©2008 Employer Advisors Network, Inc. All rights reserved.