This article provides a checklist for employment matters.

Make certain your employment agreements and any employee handbooks specify employment is “at will”. (1) ………………………………………………………………………….

Avoid non-competition clauses with employees (and with your customers) stating that your employees cannot compete with you or work for your competitors or customers after they leave your company. (2) ………………………………………………………………………………… Confidentiality agreements, on the other hand, are generally upheld.

If you use independent consultants, be sure you can justify your decision not to make them employees if the government enquires. (3) ……………………………………………………. Have a written agreement with each independent consultant stating that he\she is an independent consultant and is responsible for his\her own taxes etc.

Apply your company policies consistently to all employees. An employee handbook is advisable; this should make it clear what exact rules are and ensure consistency. (4) …………………………………... The handbook should state that it may be amended by the company at any time. Have each employee sign an acknowledgement of receipt of any employee handbook and any amendments to it. (5) ………………………………………………… if you do this, either have them sign it at the time they first start work or give them additional consideration (small amounts of stock or money) for signing. Where existing employees are not given additional compensation to sign, the agreement may not be enforceable.

Follow disciplinary procedures consistently with each employee. Before terminating any employee, give repeated oral and written warnings over time if at all possible. Write up your conversations and place them and the written warnings in the employee’s personal file.

Have a written policy prohibiting sexual harassment as well as discrimination concerning race, gender, age and, in California, sexual orientation. (6) ……………………………………………………………. Distribute all of these policies to your employees and have each employee sign an acknowledgement of receipt for them. Where an employee alleges harassment or discrimination, investigate and take appropriate disciplinary action if warranted. If you fail to adequately investigate, your company may be held liable for acts by its employees.

Have an express computer-use policy which states the following. Employees may not use the e-mail or on-line access for objectionable materials or messages of any kind. (7) ………………………………… All e-mails and materials sent or received with the company’s equipment may be subject to review by the company.

You must post all required federal and state employment notices. If you are in California, the California Chamber of Commerce has all the employment posters that must be posted, plus required Unemployment Insurance and State Disability Insurance pamphlets and required Sexual Harassment pamphlets.

A.Expressly give the employees several different people in the company to contact if they believe they have encountered prejudice in any of these areas.

B.In California, these restrictions on employees are generally invalid and can lead to lawsuits by employees alleging restraint of trade.

C.It is important to preserve these rights, because they protect you from having to prove there is a valid business-related reason to terminate an employee.

D.If you have one, follow its provisions and have it reviewed periodically for changes in the law and in business conditions.

E.Nor should they use it for any material protected by copyright law, trademark law, etc. without the permission of the owner.

F.Consider having employees enter a separate agreement to arbitrate (rather than litigate) all disputes regarding employment.

G.One rule of thumb: they must earn at least one-third of their income from sources other than your company or be incorporated.

H.If they fail to make this explicit, fired employees may file lawsuits on the basis that they were not fired for proper cause.

Date: 2016-01-14; view: 1412