Table of Contents By Chapters
Chapter 1 Introduction
Chapter 2 Hiring
Chapter 3 Employment Contracts and Wrongful Discharge
Chapter 4 Wages and Hours
Chapter 5 Fringe Benefits
Chapter 6 Workers' Compensation
Chapter 7 Employment Conditions
Chapter 8 Discipline and Discharge
Chapter 9 Post-Termination Matters
Chapter 10 Layoffs and Plant Closings
Chapter 11 Records and Postings
Chapter 12 Miscellaneous Topics
Table of Contents By Chapters and Sections
Chapter 1 Introduction
1.1 Philosophy
1.2 Scope of Handbook
Chapter 2 Hiring
2.1 Advertising
2.2 Recruiting
2.3 Accepting Applications
2.4 Application Forms
2.5 Filing Of Application Forms
2.6 Interviews
2.7 Pre-Employment Tests
2.8 Reference and Background Checks
2.9 Communicating A Rejection
2.10 Confidentiality
2.11 Decentralized Hiring
2.12 Age Discrimination
2.13 Sex Discrimination
2.14 Sexual Orientation Discrimination
2.15 Disability Discrimination
2.16 Race Discrimination
2.17 Religious Discrimination
2.18 Workers' Compensation Discrimination
2.19 Discrimination Against Whistleblowers
2.20 Anti-Union Discrimination
2.21 Aliens and National Origin Discrimination
2.22 Immigration
2.23 Discrimination Against Smokers
2.24 DHS Employment Information Requirements
2.25 Genetic Information Discrimination
Chapter 3 Employment Contracts and Wrongful Discharge
3.1 Introduction
3.2 The Employment-At-Will Rule
3.3 Limitations On The Employment-At-Will Rule
3.4 Disclaimers
3.5 Handbooks
3.6 Fraud
3.7 The Public Policy Exception
3.8 Probationary Period
3.9 Preemption Of Wrongful Discharge Claims
3.10 Employment For A Definite Term
3.11 Confidentiality And Non-Competition Agreements
3.12 Corporate Officers and Directors
Chapter 4 Wages and Hours
4.1 Introduction
4.2 Minimum Wages
4.3 Overtime Pay
4.4 Deductions From Pay
4.5 Time For Payment Of Wages
4.6 Vacation Pay
4.7 Holiday Pay
4.8 Equal Pay Act
4.9 Shift Differentials
4.10 Hours Worked
4.11 Rest Breaks
4.12 Mandatory Overtime
4.13 Temporary and Part-Time Work
4.14 Sunday and Holiday Work
4.15 The De Minimus Rule
4.16 Work "Off The Clock"
4.17 Compensatory Time
4.18 Overtime Pay Exemptions
4.19 Child Labor Laws
Chapter 5 Fringe Benefits
5.1 Introduction
5.2 Paid Vacation
5.3 Sick Days
5.4 Personal Days
5.5 Maine Family Medical Leave Law
5.6 Federal Family Medical Leave Act
5.6A Comparison Of Maine Law And FMLA
5.6B Comparison of FMLA, ADA, and Workers' Compensation
5.7 Health Insurance
5.8 Disability Insurance
5.9 Employee Assistance Programs
5.10 Employee Benefit Plans
5.11 Non-Statutory Leaves of Absence
Chapter 6 Workers' Compensation
6.1 Introduction
6.2 Overview
6.3 Exclusive Remedy
6.4 Scope of Immunity
6.5 Employee or Independent Contractor
6.6 Scope of Coverage: General Rule
6.7 Scope of Coverage: Exceptions
6.8 Employee Reporting of Injuries
6.9 Investigation of Claims
6.10 First Report of Injury
6.11 Incapacity Claims Processing
6.12 Incapacity Benefits
6.13 Medical Services and Bills
6.14 Specific Loss Benefits
6.15 Death Benefits
6.16 Maintain Contact With Injured Employee
6.17 Light Duty Work and Reinstatement
6.18 Termination and Reinstatement
6.19 Discrimination
6.20 Offsets Against Benefits
Chapter 7 Employment Conditions
7.1 Drug Testing
7.2 Non-Discharge Discrimination and Harassment
7.3 Safety Programs
7.4 Training
7.5 Smoking In The Workplace
7.6 Company Parties
7.7 Nepotism
7.8 Handbooks
7.9 Accessibility of Places of Employment
7.10 Work-Related Manslaughter
Chapter 8 Discipline and Discharge
8.1 Introduction
8.2 General Rule
PART I. GENERAL DISCIPLINE AND DISCHARGE PROCEDURES
8.3 Fairness
8.4 Discipline System
8.5 Discharge
8.6 Documentation
8.7 Proper Discipline and Discharge Environment
8.8 Suspension Without Pay
8.9 Investigation
8.10 Consult With Others
8.11 Meet With The Employee
8.12 Lie Detectors
8.13 Attorneys
8.14 Probationary Period
8.15 Don't Be Greedy
PART II. COMMON PROCEDURAL PROBLEMS
8.16 Changing Past Practice
8.17 Supervisor Misconduct As A Defense
8.18 Intracompany Variations
8.19 Discipline of Supervisors
8.20 Repeated But Differing Misconduct
8.21 How Long Do Warnings Last
8.22 Disciplinary Agreements
8.23 Delaying A Discharge
8.24 Discipline of Minors
8.25 Off-the-Job Misconduct
8.26 Constructive Discharge
PART III. STATUTORY REGULATION OF DISCHARGES
8.27 Age Discrimination
8.28 Aliens and National Origin Discrimination
8.29 Antitrust Discrimination
8.30 Bankruptcy
8.31 Civil Rights Act of 1991
8.32 Disability Discrimination
8.33 Drugs, Alcohol, and Drug Testing
8.34 Family Medical Leave
8.35 Garnishment
8.36 Jury Duty
8.37 Maine Civil Rights Act
8.38 OSHA Discrimination
8.39 Pension, Retirement, and Employee Benefits Discrimination
8.40 Pregnancy Discrimination
8.41 Race Discrimination
8.42 Religious Discrimination
8.43 Retaliatory Discharges
8.44 Sex Discrimination
8.45 Sexual Orientation Discrimination
8.46 Smokers' Rights
8.47 Union Discrimination
8.48 Veterans' Rights; Military Service
8.49 Whistleblowers' Protection Act
8.50 Workers' Compensation Discrimination
8.51 Non-Profit Corporate Director Contacts
8.52 Maine Human Rights Act
8.53 Genetic Information Discrimination
Chapter 9 Post-Termination Matters
9.1 Introduction
9.2 The Exit Interview
9.3 Health Insurance Continuation
9.4 Employee Requests for Information
9.5 Unemployment Compensation
9.6 References and Defamation
9.7 Invasion of Privacy
9.8 Intentional Infliction of Emotional Distress
9.9 Tortious Interference With Contractual Relations
9.10 Recovering Property from Departing Employees
9.11 Suing Ex-Employees
9.12 Settlement Agreements and Releases
Chapter 10 Layoffs and Plant Closings
10.1 Introduction
10.2 Notice Requirements
10.3 Statutory Severance Pay
10.4 Employment Discrimination
10.5 Practical Considerations
Chapter 11 Records and Postings
11.1 Records Creation
11.2 Records Handling
11.3 Records Retention
11.4 Posting Requirements
Chapter 12 Miscellaneous Topics
12.1 Non-Profit Employers
12.2 Unionized Employers
12.3 Public Employers
12.4 Small Employers
12.5 Personal Liability of Employees
12.6 Independent Contractors