Privacy, Business and Law

One might assume that health plans available to small and mid-sized companies are, like automobiles of the same class, comparable in terms of cost. In fact, the differences can be huge. If no effort is invested in the search for a cost-effective and well-administered plan, the result can be health coverage costs reaching 15%-20% of [...]

Time Warner’s (NYSE: TWX) recently announced partnership with EarthLink (NASDAQ: ELNK) to offer broadband cable access to the second-largest ISP’s subscribers is the latest attempt by Time Warner and AOL (NYSE: AOL) to overcome regulatory hurdles threatening the pending merger between the two media giants. And although the three companies will be heavily impacted by [...]

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.

“At-will” employment or the right to terminate employment at any time AND FOR ANY OR NO REASON, i.e., with or without cause, has been the law in California and most other states for a very long time. Labor Code Section 2922, which provides that all employment is “at-will” (unless the employment arrangement is for a [...]