Wednesday, January 24, 2018

Avoiding Employment Claims… Part 1

January 22, 2009 by  
Filed under Business Law

Sometimes, as a business owner, liability issues may not be as apparent or pressing as other immediate matters.  Too often, lawyers are consulted only AFTER a claim or lawsuit is filed.  With a little forethought, and legal counseling in the beginning of your business, you can avoid potential liability as your business grows.  One of the biggest areas where this advice is applicable is in the realm of employment law.

Often, when business picks up, you need to hire right away.  Sometimes, employment hiring processes are neglected or employment agreements are not signed. These items can be a headache later on if/when an employment claim is filed against you. 

Part I of this column concentrates on your hiring process.  Ideally, you should identify and recruit motivated and qualified employees.  Your hiring process should be structured to prevent  discrimination, negligence and all related claims.


1.  Do not ask questions unrelated to the job duties.  Any irrevelant information sought may be used against you to imply a discriminatory motive in an employment action.

2.  Do not ask questions concerning protected information.

3.  Always include a statement that your company is an equal opportunity employer.

4.  Include a statement that providing false information on the job application is grounds for disciplinary action, including possible termination.

5.  Include a statement that employment will be AT-WILL and will not be governed by a separate employment contract.


To be continued…

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