Managing Employees Without Fear: How to Follow the Law, Build a Positive Work Culture, and Avoid Getting Sued

Managing Employees Without Fear: How to Follow the Law, Build a Positive Work Culture, and Avoid Getting Sued

by Adam Rosenthal
Managing Employees Without Fear: How to Follow the Law, Build a Positive Work Culture, and Avoid Getting Sued

Managing Employees Without Fear: How to Follow the Law, Build a Positive Work Culture, and Avoid Getting Sued

by Adam Rosenthal

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Overview

Managing without fear is the ability to make personnel decisions, from hiring to separations and everything in between, without fear of breaking the law and with the goal of creating a work environment you and your employees are proud to be part of. In Managing Employees Without Fear, workplace lawyer Adam Rosenthal expertly delivers every manager’s comprehensive, go-to practical guide for managing a legally compliant workplace and building a positive, productive, and first-class work culture along the way. Packed with unique insights and lessons from an attorney who has counseled and represented companies and managers in thousands of workplace disputes, Rosenthal provides people managers with effective tools on how to successfully navigate around complicated personnel issues. From improving hiring and onboarding practices, to adopting strategies in dealing with underperforming employees, to implementing meaningful ways to promote diversity and inclusion, this book provides managers at every level a significant return on their investment.

Product Details

ISBN-13: 9781586446642
Publisher: Society For Human Resource Management
Publication date: 05/18/2021
Pages: 256
Sales rank: 770,439
Product dimensions: 6.00(w) x 9.00(h) x 0.60(d)

About the Author

Adam Rosenthal is a partner in the Labor and Employment Practice Group with the international law firm Sheppard Mullin, recently named by U.S. News & World Report and Best Lawyers as among the “Best Law Firms” in the country.

Table of Contents

Foreword xi

1 What Type of Manager Are You? 1

The Student Council Presidents 3

The Reserved Honor Students 3

The Popular Jocks 4

The Champion Debaters 4

The Jerks 5

2 How Did We Get Here? 11

The Macro Factors 12

The Important Micro Factors 15

3 Making Sense of the Pre-Hiring Process 25

The All-important Job Description 25

The Recruiting Process 35

4 Conducting a Lawful Job Interview and Selecting the Right Candidate 43

Ten Topics to Avoid When interviewing a Job Applicant 44

Selection Time 61

5 The Implicit Bias Conundrum 65

Decluttering Implicit Bias 74

6 Making the Most of the First Three Months 81

Part 1 An Epic Onboarding Failure 81

Part 2 Making the Most of the First Three Months 83

Objective 1 Cultural Conveyance 85

Objective 2 Skills Training 87

Objective 3 Educate on HR Policies and Procedures 90

Objective 4 Regular Assessment and Feedback 91

Objective 5 Goal Setting 95

7 Lawfully Drafting and Conducting Employee Performance Reviews 97

A Historical Overview 98

Why Should At-Will Employees Be Given Performance Reviews? 99

Are Employment Reviews Worth it? 100

8 Efficiently and Legally Disciplining Employees 111

Start with a Rubric: Establish Clear Expectations from the Beginning 114

Keep a Discipline Diary 115

Fastidiously Abide by Your Company's Policies 116

Partner with the Human Resource Department 118

Be Clear, Legible, and Legal 118

Allow Employees to Respond and Follow up with Any Concerns 120

Short of Separation, Have a Clear Plan of Improvement in Place 120

Be Direct, Firm, and Forward-Looking When Presenting the Write-Up 121

9 Difficult Conversations 123

Boundary Setting 124

Antenna Up: Common Situations When Employees Reach Out for Help 125

Best Practices around Difficult Conversations 128

10 A Leader's Role in Combating Employment Discrimination 133

Employment Discrimination Law 101 135

Leading by Example: Being a Diversity and inclusion Change Agent 141

Call Out Problematic Conduct 142

Be Mindful of Microaggressions in the Workplace 143

Discussing Diversity-A Tightrope Balancing Act 143

Diversity Training is Different 144

Become an Ally 145

11 Creating a Harassment-Free Workplace 147

Know the Law 148

Why Has Sexual Harassment and Gender Discrimination Persisted in the Workplace? 153

Creating "Fences" in the Workplace to Prevent Sexual Harassment 157

Ten Best Practices Leaders Can Adopt to "Guard the Fences" That Help Prevent Workplace Harassment 158

12 Navigating the Disability Accommodation Process 169

13 Wage and Hour Compliance for Managers 185

What are Wage and Hour Laws? 186

Six Wage & Hour Best Practices Every Manager Should Embrace 188

14 Managing Remote Workers 193

Nurturing a Psychologically Safe Culture Matters Even More in a Work-from-Home Universe 194

Constant and Quality Feedback Is Even More Important in a Remote World 195

Establish Clear Expectations 196

Wage and Hour Concerns 197

Data Security and Privacy 197

15 It's So Hard to Say Goodbye 199

Terminations, Layoffs, and Resignations: Similarities and Differences 200

Involuntary Separation 204

Layoffs 210

Resignations 211

16 A Few Parting Words 215

Afterword 219

Endnotes 223

About the Author 227

Index 229

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