| 1 | Conducting Internal Investigations Toolkit Resources to assist an employer in conducting an internal investigation. | Practice note: overview | Maintained |
| 2 | Discipline and misconduct: toolkit A toolkit to guide users through key PLC materials on dismissals for misconduct, including practice notes, checklists, procedures, letters, and tribunal materials. | Practice note: overview | Maintained |
| 3 | Discipline and poor performance: toolkit A toolkit to guide users through key PLC materials on dismissals for poor performance, including practice notes, checklists, procedures, letters, and tribunal materials. | Practice note: overview | Maintained |
| 4 | Discipline under the Acas Code: a quick guide A quick guide to the key issues in disciplinary procedures covering misconduct and poor performance, including practical steps to help employers avoid unfair dismissal and uplifts to compensation under the Employment Act 2008. | Practice note: overview | Maintained |
| 5 | Dismissing an employee: a quick guide A quick guide to the key issues when dismissing employees, including practical steps to help employers avoid unfair and wrongful dismissal claims.This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 6 | Grievances under the Acas Code: a quick guide A quick guide to the key issues when handling employee grievances, including practical steps to help employers avoid uplifts to compensation in employment tribunal claims under the Employment Act 2008. | Practice note: overview | Maintained |
| 7 | State Right-to-work Laws: Overview A Chart listing the states with right-to-work laws. Right-to-work laws generally limit an employer and union's ability to negotiate for union security clauses in collective bargaining agreements (CBA) that require union membership or union dues or fees payments as a condition of maintaining employment. This Chart lists the states with right-to-work provisions in their constitutions and right-to-work statutes. This chart covers private employers outside of the railroad or airline industries. | Practice note: overview | 31-Jan-2013 |
| 8 | Unfair dismissal: overview An overview of the law relating to unfair dismissal, including what is a fair dismissal, potentially fair reasons for dismissal, reasonableness of the dismissal, automatically fair and unfair dismissals, who can claim unfair dismissal, details of how to bring a claim and the remedies for unfair dismissal. | Practice note: overview | Maintained |
| 9 | Conducting a disciplinary investigation and hearing A note dealing with the conduct of an investigation and subsequent disciplinary proceedings involving allegations of misconduct by an employee, taking account of the law of unfair dismissal and the 2009 Acas Code of Practice. | Practice notes | Maintained |
| 10 | Conducting Employee Performance Reviews This Note addresses employee performance reviews, including the benefits and potential risks of conducting reviews, how reviews can be used in employment litigation and practical tips for conducting effective reviews. This Note addresses federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. | Practice notes | Maintained |
| 11 | Criminal and Civil Liability for Corporations, Officers and ... This Practice Note provides an overview of the potential criminal and civil liability that corporations, officers and directors may face as a result of actions taken by corporate personnel, and offers practical advice to mitigate the risk of liability. | Practice notes | Maintained |
| 12 | Discipline and Discharge in a Unionized Workplace This Practice Note outlines special obligations for private sector employers that discipline and discharge employees in a unionized workplace. These obligations flow from the National Labor Relations Act (NLRA) as enforced by the National Labor Relations Board (NLRB), and collective bargaining under the NLRA. Labor law in the private sector is primarily governed by federal law, including the NLRA and the Railway Labor Act (RLA), and this resource only covers the NLRA. This Note includes references to NLRB precedent issued after January 4, 2012 by recess appointees to the NLRB. In Noel Canning v. NLRB, the US Court of Appeals for the District of Columbia Circuit held that the recess appointments to the NLRB were invalid, calling into question whether any of the NLRB's decisions since January 4, 2012 are enforceable. Despite the DC Circuit's holding, the NLRB continues to issue decisions by the recess appointees, seek enforcement of those decisions and rely on the recess appointees' decisions as governing law (see Legal Update, DC Circuit Rules NLRB Recess Appointments Were Unconstitutional; Enforceability of All Recess Appointees' Decisions in Doubt). PLC Labor & Employment will continue to monitor developments and update this resource to reflect applicable law. | Practice notes | Maintained |
| 13 | Disciplining Employees for Social Media Posts in View of the ... A Note discussing employee rights under the National Labor Relations Act (NLRA) and the issues employers should consider when seeking to discipline employees for the content of social media posts. This Note considers only the employee protections under the NLRA. This Note includes references to NLRB precedent issued after January 4, 2012 by recess appointees to the NLRB. In Noel Canning v. NLRB, the US Court of Appeals for the District of Columbia Circuit held that the recess appointments to the NLRB were invalid, calling into question whether any of the NLRB's decisions since January 4, 2012 are enforceable. Despite the DC Circuit's holding, the NLRB continues to issue decisions by the recess appointees, seek enforcement of those decisions and rely on the recess appointees' decisions as governing law (see Legal Update, DC Circuit Rules NLRB Recess Appointments Were Unconstitutional; Enforceability of All Recess Appointees' Decisions in Doubt). PLC Labor & Employment will continue to monitor developments and update this resource to reflect applicable law. | Practice notes | Maintained |
| 14 | Dismissals: the effect of internal appeals A note on the potential outcomes when an employee appeals against their employer's decision to dismiss them. It considers the concept of the "vanishing dismissal" when an employer upholds an appeal, the implications of an employer imposing an alternative penalty, such as demotion, and the relevance of the employer's disciplinary policy being contractual or non-contractual. | Practice notes | Maintained |
| 15 | Handling Employment-related Internal Investigations A Note describing internal investigations into employee misconduct, including the types of workplace issues warranting an investigation, legal risks associated with conducting an investigation and best practices for conducting an investigation. This Note outlines the steps to be taken when conducting an internal investigation and post-interview activities. This Note addresses federal law. | Practice notes | Maintained |
| 16 | Internal Investigations: US Privilege and Work Product ... This Practice Note provides guidance for in-house lawyers involved in internal corporate investigations to help them ensure the proper creation and maintenance of the attorney-client privilege and work product protection over communications made, or documents created, during the investigation. | Practice notes | Maintained |
| 17 | Investigative Interviews in a Unionized Workplace This Note outlines special obligations for private sector employers that conduct investigative interviews of employees in a unionized workplace. These obligations flow from the National Labor Relations Act (NLRA) as enforced by the National Labor Relations Board (NLRB). Labor law in the private sector is primarily governed by federal law, including the NLRA and the Railway Labor Act (RLA), and this resource only covers the NLRA. This Note includes references to NLRB precedent issued after January 4, 2012 by recess appointees to the NLRB. In Noel Canning v. NLRB, the US Court of Appeals for the District of Columbia Circuit held that the recess appointments to the NLRB were invalid, calling into question whether any of the NLRB's decisions since January 4, 2012 are enforceable. Despite the DC Circuit's holding, the NLRB continues to issue decisions by the recess appointees, seek enforcement of those decisions and rely on the recess appointees' decisions as governing law (see Legal Update, DC Circuit Rules NLRB Recess Appointments Were Unconstitutional; Enforceability of All Recess Appointees' Decisions in Doubt). PLC Labor & Employment will continue to monitor developments and update this resource to reflect applicable law. | Practice notes | Maintained |
| 18 | Preventing and investigating internal fraud This note provides an analysis of common frauds and a high-level guide to conducting an internal investigation, covering key issues such as: How to handle an internal investigation. Dealing with internal communication issues. Briefing external parties (for example, regulators). | Practice notes | 01-Jun-2012 |
| 19 | Statutory dismissal and disciplinary procedures A note examining the statutory dismissal and disciplinary procedures (DDPs) under the Employment Act 2002. IMPORTANT. The statutory DDPs were repealed on 6 April 2009 in Great Britain. This note is now only relevant to cases in Northern Ireland and ongoing cases in Great Britain to which the transitional provisions apply (see below). | Practice notes | 07-Jul-2011 |
| 20 | Statutory grievance procedures A note examining the statutory grievance procedures under the Employment Act 2002 that applied before 6 April 2009 and the surrounding legal framework. The note includes step-by-step explanations of the standard and modified grievance procedures. It also aims to unravel the complex rules that applied on admissibility and time limits, and looks at how tribunals treated these rules in practice. IMPORTANT. The statutory dispute resolution procedures were repealed on 6 April 2009 in Great Britain. This note is now only relevant to cases in Northern Ireland and ongoing cases in Great Britain to which the transitional provisions apply (see below). | Practice notes | 08-May-2012 |
| 21 | Whistleblower Protections under Sarbanes-Oxley and the ... A Note describing the whistleblower provisions of the Sarbanes Oxley Act of 2002 as modified in 2010 by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) and the new whistleblower provisions set forth in the Dodd-Frank Act. This Note indicates where SOX has been modified in certain key respects by the Dodd-Frank Act and its final regulations. | Practice notes | Maintained |