Q & A Is available throughout? OSBA Speakers 4/12/2017. Employment Practices. Hire to Retire. Lisa Freiley, PACE Administrator and General Counsel

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1 Employment Practices Hire to Retire February /March 2017 OSBA Speakers Lisa Freiley, PACE Administrator and General Counsel Kate Wilkinson, Director of Litigation Services Q & A Is available throughout? 1

2 Q & A Is available throughout?example of screen for PC Example of screen for Mobile device AGENDA Hiring Process Supervisory Practices Employment Practice Liability Termination Process 2

3 Hiring Process It is unlawful to reject an applicant because of: Race Color National origin Religion Sex Sexual orientation Marital status Age Disability Familial status Protected activity (e.g.: union activity, a protected leave absence, etc.) 3

4 Develop a Plan Position Descriptions Job Announcements 4

5 Application Materials Application Form Cover Letter Resume Writing Sample Letters of Recommendation Professional References Personal References Application Form 5

6 Strongly recommend application form includes statement to the effect of: The facts set forth on this application for employment are true and complete to the best of my knowledge. I understand that if employed, false statements on this application shall be considered sufficient cause for immediate dismissal Make sure applicant signs it!!! Internal Candidates & Former Employees Reviewing Applicants 6

7 Application Warning Signs Who to Interview 7

8 Appropriate Interview Questions Disabled Applicants Reference Checks: Best Practices 8

9 Reference Checks: Questions Selecting a Candidate 9

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12 Education providers are required to contact the three most recent employers who are education providers and obtain: Dates of employment If subject to any substantiated reports of child abuse or sexual conduct Dates of any substantiated reports Definition of child abuse or sexual conduct used when report was substantiated Standards used to determine if reports are substantiated In addition, also receive any related disciplinary records pursuant to ORS (7) 12

13 Education provider has 20 days to disclose requested information Employer can not refuse to hire an individual because current and/or previous employer failed to produce the records requested Best practice is to follow up at least once if you have not received the records requested For applicants who are licensed, registered, or certified by TSPC, the employer is required to: Verify license, registration or certification Verify of TSPC has provided any information relating to conduct that may constitute child abuse or sexual conduct 13

14 Pre-employment Medical Exams Maintaining Hiring Documents Summary Be objective as possible Do not make decisions based on protected categories or protected activities Document the process and keep those records! 14

15 We will return after a five (5) minute break. Supervisory Practices Role of Supervisor 15

16 Role of Employee PECBA Bargaining Unit Employees 16

17 Collective Bargaining Agreement Performance Management Performance Evaluations 17

18 Performance Evaluation Systems Preparing Performance Management & Evaluations Goal Setting 18

19 Examples: Reconcile financial reports by the 15 th of each month with no errors Examples: Develop a quality improvement process that reduces the failure rate by 1% by 12/31/17 19

20 Examples: Complete the Energy Watch Program to reduce countywide carbon emission by 650 tons by the end of the fiscal year Summary for Goal Setting Focus on planning for success not after failure Performance goals motivate and direct achievement Essential to the success of the employee, the school, and the district as a whole Summary for Goal Setting Work together with employees to development meaningful goals Less is more Prioritize Link goals to action plans 20

21 Data Collection Delivering Performance Management & Evaluations Working with Union Partners 21

22 Ask for Help We will return after a five (5) minute break. 22

23 Wage & Hour Issues Common Pitfalls Best Practices 23

24 Time Records Overtime Regulations Comp Time 24

25 Final Paychecks Voluntary Resignation Within 5 working days or the next scheduled payday when less than 48 hours notice is given Voluntary Resignation On the last day worked when employee gives 48 hours or more of notice 25

26 Termination No later than the end of the first business day after termination Delivery of Final Paycheck Final paycheck must be hand delivered unless employee has agreed to receive it by mail If employee received pay by direct deposit, final paycheck can be delivered by direct deposit Delivery of Final Paycheck Provisions of a CBA that address the delivery method and/or the processing of the final paycheck apply in lieu of statutory requirements 26

27 Misuse/ Abuse of Workplace Technology Electronic Use Policy Physical Abilities 27

28 Public Records Requests Protected Leave Laws FMLA OFLA Sick Time 28

29 Domestic Violence Leave Discrimination It is declared to be the public policy of Oregon that practices of unlawful discrimination against any of its inhabitants because of race, religion, color, sex, marital status, national origin, age, disability or familial status are a matter of state concern and that such discrimination threatens not only the rights and privileges of its inhabitants but menaces the institutions and foundation of a free democratic state. ORS 659A.006 Protected Class Discrimination Race/color Religion Sex (including pregnancy related conditions National origin Disability (Physical/Mental) Injured workers Marital status Age (18 & older) Pregnancy Family relationships Veterans Status Expunged juvenile record Being a smoker when smoking is not prohibited by work 29

30 Protected Activity Discrimination Use of worker s compensation benefits Opposing unlawful employment practices or participating in employment proceedings Use of protected leave Opposition to safety/health hazards Genetic screening Military service Whistle blowing Association with protected class Union activity Garnishment Use of other employment rights (wage & hour, unemployment, etc.) Refusal to take a polygraph, psychological stress test, or blood/breathalyzer test to detect alcohol Age Discrimination National Origin Discrimination 30

31 Race Discrimination Religious Discrimination Disability Discrimination 31

32 Hostile Work Environment Sexual Harassment How do you know? 32

33 Sexual Harassment is Unwelcomed advances Requests for sexual favors Conduct creating an intimidating, hostile or offensive work environment Conduct which substantially interferes with work performance Sexual Harassment is NOT Jokes without innuendo Telling someone they look nice without innuendo Asking someone to lunch without quid pro quo Gentle pat on shoulder or upper back to get someone s attention Scenarios 33

34 You receive a few s from co workers with dirty jokes and some explicit pictures. You think the jokes are hilarious and the pictures don t offend you. What do you do? An investigation resulted in an employee being disciplined for sexual harassment. The disciplined employee was mad and encouraged others to shun those who participated in the investigation. You have been asked to refuse to speak to your coworkers who reported the employee s behavior to the supervisor What do you do? Common Misunderstandings 34

35 Summary Behavior does not have to be directed at a single individual Behavior does not have to be intentional Men can be victims Offenders can be supervisors, co workers, students, or non employees We will return after a five (5) minute break. 35

36 Basis for Addressing Performance Performance or Misconduct? Questions? 36

37 Develop an Investigation Plan Selecting an Investigator Investigation Priorities 37

38 Gathering Physical Evidence Interviewing Witnesses Interviewing the Subject of the Investigation 38

39 Documentation Concluding the Investigation Due Process/Just Cause 39

40 Dismissal & Discharge Possible Repercussions Questions? 40

41 Webinar recorded Attendees and registrants will receive an with the link Thank you for participating with today s webinar! 41