Employment Law Tips

If you have employees, employment law issues will always matter. Regardless how well established or new the business is, being aware of these issues is the best way to avoid the liabilities associated with them.

• Understand the employment laws. Employment laws cover issues ranging from discrimination and leave entitlement to compensation and severance agreements.

• Treat the interview and application process seriously. Effective human resources practices begin with the interview and application process. Among the questions you should not ask applicants are:

o How old are you?

o What is your date of birth?

o What church/synagogue do you attend?

o What is your father’s surname?

o What is your maiden name?

o Are you married, divorced, separated, widowed, or single?

o Who lives with you?

o How many children do you have?

o What are the ages of your children?

o Who will care for the children while you are working?

o Have you served in the armed forces of another country?

o What social clubs or organizations do you belong to?

o What foreign languages can you speak, read, or write? (Unless the ability to speak, read, or write specific foreign languages is a job requirement);

o Are you a US citizen?

o Where were you born?

o Can I see your birth certificate, naturalization, or religious records?

• Don’t give in to customer preference. The courts, EEOC and state antidiscrimination agencies consistently hold employers cannot make discriminatory employment decisions based on customer preference.

• Know when you can subject applicants and employees to medical exams:

o Once an employee has been hired for a position, but before he or she starts work, an employer may conduct a medical examination as long as it does so for all entering employees in the same job category;

o When employment begins, an employer may require medical examinations only if they are jobrelated and consistent with business necessity.

• Maintain the employmentatwill defense:

o Incorporate a disclaimer in policy handbooks.

o Make no statements to applicants or employees that suggest their employment is for a fixed term or creates a false sense of indefinite job security.

o Don’t use terms like “permanent employment” or suggest employees will only be fired for “just” or “good” cause.

o Always tell an employee at hire of their atwill status.

o Include references to employmentatwill in employment applications.

• Give honest employee evaluations. Evaluations should be regular, specific, and consistent.

• Administer discipline consistently and appropriately. Address problems promptly, fully investigate, and document findings and actions taken.

• Implement antiharassment policies. The policies must be in writing, include clear definitions, and be communicated clearly to employees.

• Practice good termination hygiene. Have managerial witnesses available for terminations. Keep the session brief and focused.