by Steven Mitchell Sack

Introduction

Chapter 1. Initial Concerns

A. Screening and Job Requirements
B. Advertisements
C. Illegal Interview Questions
D. Steps to Take to Avoid Being a Victim
E. Phony Employment Schemes
F. Job Misrepresentation
G. Promises of Job Security
H. Checking References
I. Testing
J. Employment Agencies, Career Counselors, and Search Firms

Chapter 2. Independent Contractors, Consultants, Sales Representatives, and Statutory Nonemployees

A. Employee versus Independent Contractor Status
B. Steps to Take to Avoid Problems
C. Consultants
D. Statutory Non-Employees
E. Sales Representatives
F. How to Turn an Oral Contract into a Written Agreement
G. Steps to Take While Working
H. Steps to Take If You Are Fired

Chapter 3. Getting Hired

A. Part-Time Positions
B. Leased and Temporary Employees
C. Union Workers
D. Statutory Employees
E. Negotiating the Job Properly
F. Next Step: Get It in Writing
G. Tips to Avoid Being Hired by a Deceitful Employer

Chapter 4. On-the-Job Benefits and Policies, Including Pregnancy and Family Leave

A. Equal Pay
B. Comparable Worth
C. Tips and Wages
D. Overtime
E. Health Benefits
F. Questions to Ask Regarding Employer-Provided Health Benefits
G. COBRA Health Benefits
H. Benefits During Pregnancy
I. Strategies to Strengthen a Claim
J. Pregnancy as a Disability
K. Pregnancy Leave and Reemployment
L. Hazardous Jobs
M. ERISA Benefits

Chapter 5. On-the-Job Rights and Conduct Lie Detector Tests

A. Lie Detector Tests
B. Searches and Interrogations
C. Personal Appearance Rules
D. Office Romances
E. Legal Activities Off-Premises
F. Access to Records
G. Wiretapping and Eavesdropping
H. Right to Work in a Safe Environment
I. Right to Work in a Smoke-free Environment
J. Right to be Warned Before a Massive Layoff
K. Drugs and Alcohol Testing
L. Right to Apply for and Receive Workers' Compensation
M. Summary of Important Steps to Take While Working

Chapter 6. Sex Discrimination, Sex Harassment, and Other Forms of Discrimination

A. The Law
B. Sex Discrimination
C. Sex Harassment
D. Sexual Bias Discrimination
E. Nonsexual Harassment
F. Final Points About Sex Discrimination
G. Age Discrimination
H. Final Comments
I. Handicap Discrimination
J. Racial Discrimination
K. Affirmative Action Plans
L. Religious Discrimination
M. Retaliation Discrimination
N. Strategies to Enforce Your Rights
O. Final Tip

Chapter 7. What to Do If You Are Fired

A. Fired to Deny Accrued Benefits
B. Fired Due to a Legitimate Illness or Absence
C. Fired for Voting or Serving on Jury Duty
D. Fired for Whistle-Blowing
E. Fired for Attempting to Unionize, Complaining About Health or Safety Violations, or for Legal Off-Premises Conduct
F. Fired for Military Duty
G. Fired in a Manner Inconsistent with Company Handbooks, Manuals, and Disciplinary Rules
H. Fired as a Result of Discrimination
I. Fired Because You Assert a Sexual Harassment Claim or Charge of Retaliation After Filing a Discrimination Complaint
J. Fired as Part of a Large Layoff
K. Fired Inconsistent with a Verbal Promise
L. Fired in Breach of Contract Rights
M. Steps to Take When You Are Fired
N. Negotiating Strategies to Maximize Post-Termination Severance

Chapter 8. Post-Employment Matters

A. Unemployment Benefits
B. Preparing for the Hearing
C. How to Resign from a Job Properly
D. Job References and Defamation Claims
E. Restrictive Covenants and Related Problems

Chapter 9. Employment Litigation and Alternatives

A. Litigation Procedures and the Courts
B. Starting an Action
C. Evidence
D. Appeals
E. Mediation Procedures
F. Arbitration Procedures
G. Bringing Suit in Small-Claims Court
H. Workers' Compensation
I. Summary of Steps to Maximize a Discrimination Claim
J. List of Mediation and Dispute Resolution Organizations
K. Significant Women's Organizations
L. Important Federal and State Agencies to Contact

Chapter 10. How to Hire and Work Effectively with a Lawyer

A. How to Find a Lawyer
B. The Initial Interview
C. Confirming the Arrangement
D. Problems Encountered After a Lawyer Is Hired

Glossary of Terms

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-- From a Declaration of Principals jointly adopted by a Committee of the American Bar Association.