By: Heather A. Steinmiller October 26, 2017

Transcription

1 Life of Employment Relationship By: Heather A. Steinmiller October 26, 2017

2 Landscape of Laws

3 Legal Landscape There are a myriad of laws that govern the employment relationship. Federal Laws State Laws Local Laws Common Laws 3

4 Sample of Federal Laws Title VII of Civil Rights Act Americans with Disabilities Act Age Discrimination in Employment Act Equal Pay Act Pregnancy Discrimination Act The Immigration Reform Control Act The Family Medical Leave Act Employee Retirement Income Security Act Fair Labor Standards Act Whistleblower Laws Worker Adjustment & Retraining Notification Act 4

5 Sample of State Laws Workers Compensation NJ Family Leave Act NJ Law Against Discrimination NJ Wage & Hour Laws NJ Civil Servant Laws Ban the Box 5

6 Sample Local Laws Police Promotional Ordinance For a sample ordinance, see MEL Ordinance Library (Under Local Officials Tab) Any employment statute, such as nondiscrimination etc. 6

7 Common Law Breach of Contract Defamation/ Libel Breach of Covenant of Good Faith and Fair Dealing Promissory Estoppel Negligent Hiring/ Negligent Supervision False Imprisonment 7

8 Model Personnel Policies & Procedures Designed to help you comply with your legal obligations Really serves as your roadmap Modified every 2 years Should adopt at local level modified as appropriately 8

9 Where to Find it? Select Employment Practices 9

10 Where to Look? Civil Servant Union Employee At- Will Civil Servant Laws etc. CBA Personnel Policies & Procedures 10

11 Stages of Employment Pre-Hire

12 Applications Sample Application in the Manual Only ask what is necessary to determine if person is qualified Do not ask about criminal background 12

13 Interviewing Candidates People conducting interviews should receive training on appropriate questions/ subjects Should always avoid questions pertaining to protected characteristic Should really try to avoid asking anything personal to 13

14 Resources for Pre-Hire Pre-Employment Inquires (Exhibit to Manual) Enquiron Portal Age 14

15 Background Checks Must comply with Fair Credit Reporting Be careful if credit check Only check what you can use to make an employment decision must be job related Required if working with minors 15

16 Additional Due Diligence Drug testing Use of social media Verify education and prior employment Check references Make sure whatever you do, you treat every candidate the same and not target certain individuals. 16

17 Making Accommodations Law requires you to make reasonable accommodations so applicant can perform the job Accommodation is reasonable if it does not create an undue hardship to the employer 17

18 Stages of Employment Employment

19 Orientation Review employee handbook Explain all workplace policies and rules Require employee to sign and acknowledge information was reviewed and understood 19

20 On- Going Training Provide on-going separate training to managers/ supervisor & employees MEL Website has model training 20

21 Performance Appraisals Important to do IF you are going to be honest Be specific about criticisms, goals for the future, etc. Be objective versus subjective Offer positive criticism Set performance-based criteria 21

22 Remember Tools Sample in MEL Manual Enquiron Portal 22

23 Managing Performance Problems Outline areas of improvement in writing Set timelines for improvement Explain consequences, if no improvement Remember that the goal is to assist employee to succeed! 23

24 Managing Discipline Issues Disciplinary issues are violations of policies/ procedures Example: Tardiness for work Uniform application of rules Important to document the infraction & the conversation with the employee 24

25 Accommodating Medical Conditions & Leaves of Absence WC 25

26 Beware of Retaliation! Share information with caution If a supervisor does not know they cannot retaliate! Retaliation claims are expensive and difficult to defend. 26

27 Tip of the Day If the request or situation seems really bizarre; seek legal advice! 27

28 Stages of Employment Termination of Employment

29 Prior to Termination... Think like a Plaintiff s attorney Ensure reason is accurate Ensure employee is being treated fairly Review personnel file to ensure documentation is consistent with supervisor s feedback If can t do the above; probably should not move ahead Practice what will be said Think about safety issues Seek legal counsel who tells you what you NEED to hear not what you want to hear! 29

30 Terminations of Employment Should be face to face conversation in private setting with a witness Should not be a surprise unless employee has violated a rule that first time is a terminable offense Regardless of situation, treat employee fairly & with respect Should not get emotional even when employee gets emotional 30

31 Think About Message to coworkers Message for future references Workplace safety issues 31

32 Heading off an Employment Claim

33 Summary Adopt Model Personnel Policies as appropriate for you See appropriate professionals Be diligent in training and enforcing policies Utilize Resources 33

34 Seven Principles for Claims Resolution 1. Keep Summit Risk Services informed 2. Ensure attorney provides timely, detailed fee statements, separated by matter 3. Threats don t work (They are counterproductive) 4. If the carrier has questions answer them 5. Maintain realistic expectations 6. When difficulties emerge, try to face-to-face meetings 7. Involvement of Fund Attorney & Executive Director is indispensable and increases the likelihood of a positive result/ outcome 34

35 Disclaimer Nothing contained in this presentation is deemed to be legal advice nor shall it be deemed all inclusive. It is provided as a general resource only. 35