Privacy, Business and Law

When an employee communicates a complaint, particularly one that could form the basis for a legal action, a thorough and unbiased investigation should be conducted. In so doing, the investigator should remain objective and focus on ascertaining the facts so that appropriate action can be taken.

Make sure that employees acknowledge that they have received and read any employee manual or handbook. Policies or handbooks should be carefully reviewed on a regular basis for compliance with both state and federal law, as well as for any language that could be construed as a promise of continued employment.

If an employer intends the employee to be employed at-will, the employment application should clearly disclose the at-will nature of the position. Applications should also require that applicants acknowledge, in writing, that they have been informed of and understand that if they are hired, they may be terminated at any time with or without cause [...]

Before advertising or recruiting for a position, determine the specific duties and responsibilities for the position. Drafting job descriptions pursuant to ADA requirements will help this process. From the job description, determine the required qualifications for the position, including any physical requirements, and determine what physical requirements, if any, should be evaluated by a physician.