EMPLOYEE LIFESPAN AND RELATED SERVICES
Wasserman Law knows that growing companies are often overwhelmed by what seems like a never ending number of federal, state and local employment and labor rules and regulations being thrown at them. WL can help navigate this maze by explaining the relevant issues and providing services that address the matters that arise during each phase of the “Employee Lifespan.” In other words, we can help you with everything that happens to an employee between recruitment and termination. We will:
- Review recruiting methods. Employers need to be familiar with the ins and outs of recruiting, from a practical and compliance perspective. This includes, for example, writing job descriptions, employment applications and job postings such that they do not have a disproportionate impact on protected classes. We can help create effective and complaint systems for identifying and interviewing strong candidates.
- Advise on interview and background check processes. Once an employer has identified viable candidates, a manager often drafts interview questions, check references, and conducts background checks. Various federal and state laws dictate how and when background checks can be conducted, and what information is legal to use in analyzing an applicant’s candidacy. We can guide your managers through the process, ensuring that your organization gathers the information necessary to make the best hiring decision possible.
- Prioritize and negotiate employment terms. Assuming a great candidate is identified, an offer letter may need to be drafted or a contract negotiated. The employer will need to consider a host of issues, such as at-will status versus a fixed employment contract, restrictive covenants (such as non- compete and non-solicit provisions), and confidentiality provisions, including intellectual property protections. If such terms are not established at this point, the employer may not have the opportunity to revisit them later on, when they become relevant. We can advise you as to these various relevant terms, and help you to negotiate a favorable contract.
- Ensure legally compliant onboarding. After a successful candidate becomes an employee, the employer now has to manage his/her onboarding, including providing proper documentation upon hire, setting appropriate pay rates and pay systems, classifying the employee properly under wage and hour laws, confirming the correct payment of overtime, and maintaining proper records during the employee’s tenure (and beyond). Wasserman Law can provide you with the necessary information to ensure compliance with all of these employment laws.
- Prepare employee handbook. Reviewing the company Employee Handbook is critical in the employee’s first months at the company, as the policies and procedures included therein provide the employer’s expectations of the employee, terms and conditions of employment, and protections provided. Wasserman Law works closely with you to create a customized Employee Handbook.
- Conduct workplace training. Providing training in support of the employer’s policies can be an important tool in fostering a more productive workplace and reducing liability. For example, training about the workplace Anti-Harassment and Non- Discrimination polices can educate managers and employees about appropriate workplace conduct, what to do if harassment or discrimination occur and the importance of anti-retaliation policies. Wasserman Law conducts interactive harassment and discrimination training programs that translate legal requirements into user-friendly, practical guidelines for managers and employees.
- Emphasize the benefits of employee development. Employee development and engagement are important tenets to consider when trying to maximize efficiency and effectiveness of your workplace. WL believes that it is important to communicate company goals and values, emphasize positive and effective dialogue between employees and managers, and create performance management plans to allow for the greatest success.
- Guide through the (painful) termination process. Eventually, many employer-employee relationships are terminated, and a new set of issues, including transitions, contractual considerations, severance and separation agreements are created. WL can help manage employees’ departures and manage any post-employment requirements, in an effort to have an amicable split and a defense to an employee’s claim of wrongful termination, if necessary.