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Avoiding and Defending Wrongful Discharge Claims presents techniques and strategies for handling wrongful discharge claims from an employer's perspective, including internal investigations as well as defenses and counterclaims, discovery, examination of witnesses, damages, and settlement. The text explores emerging issues, such as drug testing and the Americans with Disabilities Act. It also examines public policy exceptions to employment-at-will.
This complete guide details policies and procedures to minimize liability, alternative measures in dispute resolution that may circumvent litigation, and preventive measures that may benefit employers in their hiring practices.
Rely on this work's thorough coverage of investigation, discovery, and trial in your preparations. Sample forms, pleadings, and motions are included.
"Coverage of various public policy exceptions to employment at will states including whistleblowing and a number of preventative measures for employers to consider in hiring. Also sections on employee handbooks.
VOLUME 1
Part I - Overview of Wrongful Discharge Liability
Chapter 1. Historical Development and Erosion of Employment At-Will Doctrine
Part II - Preventive Approach
Chapter 2. Hiring Considerations
Chapter 3. Performance Evaluations
Chapter 4. Written Work Rules
Chapter 5. Discipline
Chapter 6. Role of the Supervisor
Chapter 7. Nonjudicial Dispute Resolution Mechanisms
Chapter 8. Recordkeeping
Chapter 9. Long-Term Employees
Chapter 10. Reductions in Force
Chapter 11. Insurance Considerations
Chapter 12. Creation and Review of Company's Personnel Policies and Procedures
Chapter 13. Evaluation of Company's Exposure
Part III - Handling Threatened or Pending Litigation
Chapter 14. Protecting Internal Investigations
Chapter 15. Use of Alternative Dispute Mechanisms
Chapter 16. Use of Separation Agreements
Chapter 17. Unemployment Insurance Compensation Proceedings
Chapter 18. Limiting Damages
Chapter 19. Settlement
Chapter 20. Removal
Chapter 21. Defenses and Counterclaims
Chapter 22. Discovery
Chapter 23. Motions
Chapter 24. Expert Witnesses
Chapter 25. Trial
VOLUME 2 - APPENDICES / TABLE OF CASES / INDEX
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