Snapshot

 

The following list of questions provides a snapshot of the most pertinent topics in this book.  You can use this comprehensive checklist to determine whether or not you are complying with fundamental employment laws and regulations.  You should know the answer to every one of these questions.  Although a “No” answer does not necessarily mean you are in violation of any laws or regulations, you should understand why you answered “No.” The list below contains cross-references to the chapter that covers each corresponding topic.

 

Yes   No

Do you post all the required posters in your workplace?

Yes   No

Does your employee handbook contain clear and conspicuous statements that employees’ employment is “at-will” and that nothing in the handbook should be construed to create an employment contract?

Yes   No

Does your termination policy require that employees provide reasonable notice of their intent to leave their employment?

Yes   No

Do you require former employees to sign a release before you release any employment data to prospective employers?

Yes   No

Have you restricted employees’ expectations of privacy so that certain searches of employees’ lockers, desks, computers, purses, etc. can be conducted legally?

Yes   No

Does your harassment policy state that there will be no retaliation against an employee filing a claim?

Yes   No

Do you accommodate employees with AIDS?

Yes   No

Do you direct deposit employee checks, and if so, have you received the signed consent of each affected employee?

Yes   No

Is your company required to adopt an equal opportunity policy?

Yes   No

Do you know the procedure for reinstating a veteran returning from military leave?

Yes   No

Do you provide paid vacation or Paid Time Off (PTO) and, if so, does that policy comply with state law governing payment of all earned but unused time at an employee's termination?

Yes   No

Does your discipline policy reserve discretion to impose appropriate discipline in each situation, rather than designating a particular form of discipline for a particular infraction?

Yes   No

Do you notify applicants of your non-smoking policy?

Yes   No

Do you require newly hired employees to sign an acknowledgment that they have read the employee policy manual?

Yes   No

Do you check all job and personal references before hiring, and if so, do you receive releases from the applicant before checking the references?

Yes   No

Do you know which drug testing laws apply to your company?

Yes   No

Do you train your managers and supervisors on the proper way to conduct and document fair and accurate performance reviews?

Yes   No

Do you have enough employees to be covered by the WARN Act and, if so, do you realize that a “plant closing” could cover the shut down of just a single “operating” unit within a plant if it involves 50 or more full-time employees?

Yes   No

Are any of your employees exposed to confidential information and, if so, have those employees signed enforceable confidentiality agreements?

Yes   No

Do you know what documentation you should maintain at a minimum, regardless of the policies and/or forms you choose to use or not to use?

Yes   No

Do you have written policies regarding the appropriate use of e-mail and the privacy limitations of e-mail communications?

Yes   No

Do you describe the “essential functions” of a job in its job description?

Yes   No

Do you provide employees with written notice of the nature and extent of your telephone, electronic, e-mail and voicemail monitoring practices?

Yes   No

Do you know whether or not your company has a legal obligation to permit an employee to examine his or her employment records?

Yes   No

Do you require employees to specifically mention the Family and Medical Leave Act (FMLA) when requesting leave before you place them on leave covered by the FMLA?

Yes   No

Do you know if your company complies with Kansas’ jury leave law?

Yes   No

Is your attendance policy uniformly enforced and in writing?

Yes   No

Does your termination policy provide for an exit interview process that allows dissatisfied employees to discuss their reasons for terminating their employment?