Hiring, Firing, & Everything in Between

Training Sessions:

The Hiring Process: Starting Off On The Right Foot
Background Checks And Substance Abuse Testing For The Uninitiated
Agreements 101: The Basics of Employment, Severance, Non-Competition And Non-Disclosure Agreements
Critical Employment Policies That Limit Liability: The Importance Of An Employee Handbook
Managing Employee Performance: Best Practices
Mastering An Effective Investigation of Alleged Workplace Misconduct
Severance Agreements – Practical Tips And Issues
Everything You Always Wanted To Know About Reductions-In-Force
From Termination To Subsidy: Understanding the New COBRA Regulations

The Hiring Process: Starting Off On The Right Foot

You have approval to hire someone – now what??!  The hiring process is a critically important – and complex – time for employers.  From a business perspective, your goal is to hire the best person for the job.  From a legal perspective, your goal is to avoid litigation.  Applicants are usually on their best behavior.  How can you tell who will be the best employee?  What questions should you avoid?  What questions should you focus on?  And what about all of the paperwork?  Does it have to be so complicated??

 

The goal of this training is to take the fear and risk out of the hiring process for employers.  The training covers the hiring process from start to finish and includes:

 

  • Getting the job description right;
  • Posting the Job Opening;
  • Avoiding On-Line Posting Pitfalls;
  • The Employment Applications (Dos, Must Dos and Don’ts)
  • Interviewing Candidates;
  • Pre-Employment Screening (Background Checks/References/Medical Examinations/Drug Screening);
  • Making the Offer;
  • Withdrawing the Offer;
  • Rejecting Applicants; and
  • The Onboarding Process.

 

Schwartz Hannum includes this important program in the Employment Law Boot Camp that is offered twice a year at the Firm.  In addition, we regularly conduct this training at our client’s workplaces and we are happy to tailor the program to meet the specific training objectives of individual clients.

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Background Checks And Substance Abuse Testing For The Uninitiated

Hiring a new employee can be scary.  Almost everyone can present themselves well in an interview. How can you be sure you are hiring someone who will be a good employee?  Because no one is perfect, and because the risks of liability are real, background checks and substance abuse testing are important tools in the hiring process.

 

This training will guide you through the “ins and outs” of conducting background checks and substance abuse testing.  The program includes the following topics:

 

  • Why an employer should or should not conduct a background check and/or substance abuse testing;
  • When an employer should conduct a background check and/or substance abuse testing;
  • An ideal compliance process for both;
  • An overview of the laws governing employee background checks, including the federal Fair Credit Reporting Act and state consumer credit laws;
  • The different types of background checks employers can perform; and
  • Steps for obtaining an applicant’s criminal and sex offender history.

 

Schwartz Hannum PC regularly conducts this training, throughout the year and at our client’s workplaces.  We are happy to tailor the program to meet the specific training objectives of individual clients.

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Agreements 101: The Basics of Employment, Severance, Non-Competition And Non-Disclosure Agreements

Employers increasingly rely on formal agreements with employees to address a whole range of issues that come up in the workplace.  This program provides an overview of the most common agreements used by employers today, and focuses on when to use these various agreements and what pitfalls to avoid.  Specific agreements discussed include:

 

  • General employment agreements;
  • Non-disclosure agreements;
  • Non-competition agreements; and
  • Severance agreements.

 

In addition to addressing the key terms for each type of agreement, this program offers practical tips and introduces general negotiating strategies as well.

 

This training program is geared toward human resource professionals and in-house counsel who are responsible for using these important agreements.  We regularly include this program in the Advanced Employment Law Boot Camp and we are happy to tailor it to specific client needs as well.

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Critical Employment Policies That Limit Liability: The Importance Of An Employee Handbook

Formal is out, casual is in.  And not just on Fridays.  As young, hip employees rise through the ranks of businesses everywhere, some employers are wondering why there are so many rules in the workplace and, especially, why all the rules are written down in long policies that no one will ever read.

 

This training program is essential for any employer that has either not implemented an Employee Handbook or is considering doing away with the one they already have.  This training identifies – and explains – the top 15 policies that every employer should implement.

 

Multi-state employers face the daunting task of figuring out how state laws vary from each other and from federal laws.  We will address this complex issue, as well as offer practical suggestions for keeping your Employee Handbook updated and current.

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Managing Employee Performance: Best Practices

Are your managers or supervisors overwhelmed or even intimidated by their obligation to assess the performance of their employees?  Are some of your managers or supervisors so reluctant to discipline their employees that they avoid it until too much time has passed and the discipline is never issued?  This training can help!

During this ninety-minute training, we will address the full spectrum of performance management tools, including:

 

  • The importance of regular coaching and feedback;
  • The role of the annual review and employee self-appraisals;
  • Strategies for successfully disciplining employees; and
  • The factors to consider before an employee is terminated.

 

This training focuses on the benefits to the business of a successful performance management system and also touches on the legal costs of failing to manage poor performance.  This material is presented in an interactive format and includes several real world scenarios to guide the discussion.

 

Schwartz Hannum PC includes this important training in the Employment Law Boot Camp that is offered twice a year at the Firm.  In addition, we regularly conduct this training at our clients’ workplaces and we are happy to tailor the program to meet the specific training objectives of individual clients.

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Mastering An Effective Investigation of Alleged Workplace Misconduct

One important role of effective management teams and human resources departments is to prevent problems in the workplace – through training, policies and communication.  But, sometimes, in spite of all that effort, employees do the wrong thing.  So, what should you do if an employee complains about harassment by co-workers, or you hear a rumor that two employees are putting in for extra overtime pay when they weren’t even at work?  Taking effective action in response to employee complaints and/or allegations of wrongdoing is surely everyone’s goal – but how?

This program provides comprehensive training in the elements of an effective internal investigation process, including:

 

  • Planning the investigation
  • Designating the right investigator
  • The roles of counsel (inside and outside)
  • Attorney-client privilege issues
  • Identifying witnesses
  • Conducting complainant and witness interviews
  • Confidentiality and privacy issues
  • Documenting the investigation
  • Preparing the investigation report
  • The conclusion and proposed response
  • Communicating the conclusion and response
  • Avoiding investigation pitfalls

 

Schwartz Hannum PC includes this important training in the Employment Law Boot Camp and regularly conducts this training throughout the year at our clients’ workplaces.  We are happy to tailor the program to meet the specific training objectives of individual clients.

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Severance Agreements – Practical Tips And Issues

Severance agreements are important tools for employers and can be a lifeline for terminated employees.  They assist terminated employees with their transition from the company, and they should provide a release to the employer which reduces the risk of litigation.  But there are a whole host of issues that must be considered when drafting a severance agreement.

This training will focus on the following topics, while highlighting the practical tips and traps of severance agreements:

 

  • The advantages of a signed severance agreement;
  • The provisions that should be included in a severance agreement;
  • Severance agreements for employees terminated in a reduction-in-force;
  • Traps to avoid in drafting and providing severance agreements; and
  • The payment of wages to terminated employees.

 

Schwartz Hannum PC regularly conducts this training throughout the year and at our client’s workplaces.  We are happy to tailor the program to meet the specific training objectives of individual clients.

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Everything You Always Wanted To Know About Reductions-In-Force

When employers look for ways to cut costs, headcount reductions can be a common place to start.  However, there can be a great deal of confusion about what is required when a company decides to reduce headcount.

This program discusses the differences between a reduction-in-force and a standard termination; whether severance is required; what must be included in a severance agreement; and alternatives to job elimination, like schedule changes or pay cuts.

This training also explores the mechanics of a reduction-in-force, the decision-making that must take place, as well as many peripheral issues that can emerge as a reduction-in-force proceeds, including:

 

  • The legal definition of a reduction-in-force, using specific examples and hypotheticals;
  • The potential alternatives to a reduction-in-force;
  • How to plan a reduction-in-force
  • Severance issues that may arise during a reduction-in-force;
  • The federal subsidy requirements;
  • Required notices to employees under federal and state WARN Acts;
  • How to implement a reduction-in-force; and
  • Practical tips and strategies.

 

Schwartz Hannum PC regularly conducts this training throughout the year in our offices and at our client’s workplaces.  We are happy to tailor the program to meet the specific training objectives of individual clients.

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From Termination To Subsidy: Understanding the New COBRA Regulations

It used to be so easy.  When an employee moved on, either voluntarily or involuntarily, an employer just had to notify the employee about their right to continue certain benefits at their own expense.  But now there’s a subsidy.  And the time periods are confusing. And the reason for leaving is important.  Suddenly, COBRA is different and the details seem to change every few months.

This training program will take the mystery out of the new COBRA requirements. Topics include:

 

  • COBRA before the ARRA;
  • COBRA after the ARRA;
  • What is the federal subsidy;
  • Special election period;
  • State law variations; and
  • Compliance obligations.

 

Schwartz Hannum PC conducts this training regularly.  We are happy to tailor the program to meet the specific training objectives of individual clients.

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