Step – by – Step Practices to Avoid Employment Practices Liability

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Presentation transcript:

Step – by – Step Practices to Avoid Employment Practices Liability Jaki K. Samuelson Des Moines, Iowa

About Whitfield & Eddy, P.L.C. 49 Lawyers 44 Jurisdictions 106 Industries 3 Locations 17 Practice Areas Serves a nationwide client base from three Iowa locations. Committed to meeting the diverse, challenging and changing needs of our clients through a proactive problem solving approach.

Awards & Leadership U.S. News & World Report and Best Lawyers Best Law Firms 2015 11 practice areas recognized Super Lawyers 2014 19 attorneys recognized Best Lawyers in America 2015 17 attorneys recognized Chambers USA 2014 7 attorneys recognized Leadership at W&E American Bar Association Iowa State Bar Association Iowa State Bar Association Young Lawyers Division Polk County Bar Association Polk County Volunteer Lawyers Project Iowa Academy of Trial Lawyers

About Jaki K. Samuelson Practicing law for 34 years Primary practice in Employment Law See website for additional information

Special Challenges for County Extension Councils Location of supervisors / decision makers Identify chain of command Presence at work site Perception of multiple sources of supervision Open meeting laws

Advertising/Application Process Standard advertisements and application forms Statement concerning at will employment Release to contact prior employers and references No “favoritism” EEOC requires applications to be kept for one (1) year

Hiring Process Interviews Uniform questions No questions pertaining to protected classifications Describe the job and ask if the person would be capable of performing the duties with or without accommodation. If needed, what type of accommodation would they require

Hiring Process (Cont.) Selection Process. Use job descriptions to evaluate applicants’ relevant qualifications. Select the person who best meets the qualifications; be able to explain your decision.

Set expectations  Employment Policies; directions Consistency Discipline Set expectations  Employment Policies; directions Consistency Documentation Put notes regarding oral counseling in the personnel file Serious or repetitive problems - written counseling document that describes the problem, what must be done to remedy it, and the consequences if the problem recurs; the employee should be asked to sign this document Documentation prepared and shared with employee promptly after the problem arises Copies of all documentation into the personnel file Confidentiality

Employee Performance Should be regularly evaluated either formally, by way of a formal evaluation checklist, or informally in discussions with supervisor or manager Consistency Documentation Confidentiality

Terminations Consistency Reasons documented in personnel file More than one person present at time of termination All wages are properly and timely paid

Reference Checks Limit information that is disclosed to job title/duties, years of employment, salary

Thank You Jaki K. Samuelson Whitfield & Eddy, PLC 317 6th Avenue, Suite 1200 Des Moines, IA 50309 Phone: 515-288-6041 Fax: 515-246-1474 samuelson@whitfieldlaw.com http://www.whitfieldlaw.com/