Recent developments in employment law and resulting liability risks underscore the importance for all employers, regardless of size, to ensure compliance with current legal standards.

While areas of potential concern will vary from one workplace to another, there are certain common issues that should be reviewed on a regular basis. The following checklist covers these major areas.

• Hiring Processes: Review your application forms and related documents to make sure that only appropriate information is being requested. Certain notices and disclosures can also be helpful. Hold regular training courses to confirm that your personnel interviewing applicants are aware of those questions and areas that should be avoided.

• Employment Agreements: If you use agreements for some or all of your employees, make sure they still reflect your company’s goals and objectives. To the extent that confidentiality or noncompetition restrictions are used, these should be reviewed periodically to ensure continued enforceability.

• Employee Classifications: Make sure your employees are appropriately designated as either “exempt” or “non-exempt” for purposes of overtime obligations. Mistakes can result in claims, including class actions, that will be both expensive and difficult to resolve.

• Employee Handbooks: All employers should have a handbook or manual compiling all relevant policies. This is also your chance to emphasize the nature of the “at-will” employment relationships in your workplace. Certain policies are now being required of larger employers. Make sure your policies are still relevant and make sense for your current workforce. Certain provisions, such as those dealing with vacation and sick leave benefits, should be reviewed every year.

• Personnel Records: Perform a sample audit of your personnel files to make sure they are being correctly maintained. Certain documents (such as anything medical-related) should be kept in separate, secured files. Other documents should be maintained apart from an “official” personnel file.

• Harassment Policy: It is increasingly important for every employer to create and carefully monitor and maintain policies prohibiting harassment of all types (not only sexual) in the workplace. Internal reporting processes should be reviewed. Such policies and processes, including regular training for managers and supervisors, can be critical in defending such claims.

• Performance Evaluations: Review your mechanisms for evaluating employees, then check whether they are being followed. Make sure your performance evaluation process is not only workable, but also results in honest and objective reviews. Try to ensure consistency between departments or reviewing managers.

• Discipline and Termination: Again, carefully review all policies to guarantee an “at-will” employment relationship. Check your processes for disciplinary action and termination to ensure consistency throughout your workplace. Forms incorporating appropriate notices and disclaimers should be available to document discipline. Make sure that a formal process exists to review termination decisions before they are finalized. Consider exit interviews.

• Post-Separation Issues: Review your policies for responding to inquiries relating to unemployment benefits and reference checks. To avoid unnecessary claims and penalties, make sure that all “final paycheck” rules are followed.

Again, regular reviews of these and other key areas of potential concern should significantly reduce the risk of exposure to employment claims. For a more detailed list of issues that should be reviewed, or for any assistance to ensure compliance with these rapidly-changing legal requirements, your employment law specialists at Dunn Carney are pleased to help.

Closely Held
Business Team

The Closely Held Business Team - Dunn Carney is dedicated to assisting business owners in navigating through the opportunities and challenges the law presents to advance each owner’s success in business. They understand the multifaceted issues business owners face each day and the need for responsive and proactive legal counsel.

Team members include:
Randy Duncan, Team leader
Bob Allen
Ric Ashe
David Buono
Brian Cable
Del Clark
Todd Cleek
Jack Cooper
Ken Davis
Frank Hilton
Scott Howard
Scott Jonsson
Robert Kerr
JoDee Keegan
John O'Neil
Eric Smith
Kyle Stinchfield
Bob Winger
J. David Zehntbauer

About Dunn Carney's Employment Law Group

Dunn Carney's employment law practice is oriented towards representation of management, with a particular focus on prevention. We work with our clients in creating and maintaining policies and internal resolution techniques designed to minimize claims. When the inevitable judicial or administrative claims arise, Dunn Carney is prepared to assist its clients in a vigorous defense leading to an appropriate resolution. Our expertise covers the entire array of employment-related issues including discrimination and harassment claims (particularly sexual harassment), disability-related issues and other forms of unlawful employment practices, un-employment compensation, wage and hour issues, together with the expanding areas of concern resulting from employee terminations. Dunn Carney is recognized as having particular expertise in the drafting and enforcing of non-competition and trade secrets protections.

Team Members
George J. "Jack" Cooper
Anne D. Foster
Scott A. Jonsson
Robert A. Kerr
Renee R. Stineman