Top Four Things That Every Employer Should Know About Employment Law

Employment law governs how employers and employees interact. It regulates the interactions of employees and employers to ensure that all parties are treated respectfully and fairly. Employment law sets the guidelines for when and how employees can work, wages, safe working conditions, hiring and firing processes, and the rights of both employers and employees.

Employment law can be complex to process, and it is recommended that employers seek counsel from employment lawyers like Levitt LLP when questions arise.

As your company grows and adds more employees, mistakes can lead to issues with employment laws. Of course, it is recommended to follow the legal advice offered by employment lawyers, but situations involving employment law can be avoided by following the following four tips.

1. Ensure That Your Hiring Criteria Reflect the Needs of Your Business

Nationality, ethnicity, gender, family status, disability, and age are all considered protected classes. It is imperative that you can prove that you are not hiring based on a protected class of people.

Keep detailed records of your hiring practices so that you are able to justify hiring decisions based on job-related factors such as experience, knowledge, and education. Be sure to properly file all materials pertinent to the hiring process, such as applications, resumes, background and reference checks, and any pre-employment testing.

2. Prevent Workplace Sexual Harassment

Sexual harassment cases in the workplace are extremely serious. As the employer, it is up to you to prove that you have taken the appropriate steps to prevent workplace harassment. Posters and brochures detailing how to avoid and handle sexual harassment in the workplace are available from the Department of Fair Employment and Housing and have to be available to all employees.

3. Avoid Constructive Dismissal of Employees

Constructive dismissal, constructive termination, or constructive discharge is when an employee quits because of hostile working conditions. The hostility experienced by the employee does not have to take the form of personal harassment but can take the form of drastic pay changes, scheduled hours, or responsibilities.

Constructive dismissal is considered termination because the employee did not voluntarily leave the job. If an employee has evidence to prove a constructive termination, an employer can face legal ramifications under employment law.

4. Protect the Privacy of Your Employees

All employee files (electronic or physical) should be kept secure, with confidential information in separate sections. Management should only have access to job-relevant areas of employee files when needed for performance reviews.

Human resources (HR) employees should be able to work privately in a secure area with a private computer, printer, and phone line.

There are a lot of factors to consider when it comes to protecting your company and its employees. You can rely on many people to educate and help you, from internal resources such as management staff and human resources employees to external sources such as employment lawyers.

Solid contracts, detailed records, and, most importantly, employment law compliance will ensure that your business operates smoothly.

Adam Hansen