Ignorance isn't bliss when it comes to personnel-related issues. "We didn't know we couldn't ask, say or do that" isn't a legitimate excuse when your policies or practices come under fire. Here are answers to some questions you might have.
JOB REFERENCES:
How should I respond to telephone or written requests for verification of employment and job performance feedback regarding former employees?
Good judgment should prevail. The primary danger is defaming the former employee. Carefully consider the privacy of the former employee as well as what he or she agreed to be released or authorized. Typically, employers confirm only dates of employment, job title and job duties. The decision about what and how much information to release must be a matter of company policy and should be adhered to consistently.
Warning: Never release derogatory information of a subjective nature based upon half-truths, hearsay or rumors.
What about responses to requests for information that a current or former employee has given written permission to be released?
A good example is lenders' requests for financial information. Other examples are requests from law-enforcement officials, physicians trying to contact an employee about a medical situation and other "authorized officials." Make sure to include provisions in your company's personnel policies for accommodating such requests.
Suggestion: Send a copy of your response to the employee. After all, the employee has authorized the requester to obtain the information. It makes employee-relations sense.
JOB APPLICATIONS:
Do I need to use a job application when hiring employees?
The application is an important part of the hiring process because it may amplify information contained in the candidate's resume. Whatever application is used, however, it should be standardized throughout the company.
Warning: If you use an application, have your legal counsel review its contents to ensure it doesn't contain questions or statements prohibited by law.
Do I have to accept unsolicited applications and resumes?
The acceptance of unsolicited applications and resumes can raise questions about your company's equal employment and affirmative action practices. The key is your company's policy regarding such applications. You must make a conscious decision whether or not to accept unsolicited applications for employment.
Suggestion: Develop policies regarding applications that reflect the company's business philosophy and customer base.
PAY DEDUCTIONS:
Under what circumstances can I deduct wages from employees' pay?
Employee pay practices are heavily regulated by federal and state governments. There are two basic types of deductions: mandatory and voluntary (or elective). Mandatory deductions include federal income taxes and social security taxes, as well as deductions ordered by courts of law. Court-ordered deductions - also referred to as garnishments - include wage deduction orders, support orders (child or spousal support), taxes owed or orders for restitution for criminal defendants.
The Consumer Credit Protection Act defines garnishment as any legal or equitable process requiring the repayment of an employee's debt by means of withholding earnings. As an employer, you may be required to pay a portion of an employee's earnings to someone other than the employee.
Warning: If you receive multiple garnishment orders for one employee, check with legal counsel or applicable state laws to determine your responsibility in complying with the prescribed payment priority.
ABSENTEEISM:
What kind of proof of an absence from work can I require from employees?
Your business's success depends on employees being at their designated workstation, performing their job duties every work day. However, employees are going to be absent - sometimes for a day, a week or a long period of time. Usually the business is able to make adjustments and accommodate short- and long-term absences. On the other hand, absences that appear to be chronic tend to cause problems and beg for some type of proof. Requiring proof, however, is not advised. Instead, one-on-one counseling is warranted when an employee has excessive absences. Of course, your personnel policy should define "excessive absences," which employee counseling should conform to.
Warning: Absentee policies and procedures should reflect any and all requirements noted in the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). An employer's ability to discipline employee absences may be limited under these acts.
Published in DBA Houston, May 1996
The information provided in this article is not legal advice to any reader. Neither the transmission nor the receipt of this article creates an attorney-client relationship. The opinions expressed in this article may not be those of the firm.