Training Plan for Newly Elected Officials

Transcription

1 Training Plan fr Newly Elected Officials Lines f Business: General Liability, Public Officials Liability Suggested Prgram Elements: 1. Management Statement: Assign Training Respnsibilities and Accuntability Establish inclusiveness f prgram 2. Emplyment Training: At-Will Emplyment Dctrine Federal and State Anti-Discriminatin Laws Trt and Cmmn Law Dctrines Bearing upn Terminatin Ptential Persnal Liability Ptential Legal Expsure Sexual Harassment Age Discriminatin Severance Obligatins The Hiring Prcess Emplyee Evaluatin and Disciplinary Matters State statutes and Emplyment Law 3. Bard Practice Training: Infrmed and regular review f financial statements Regular attendance at bard meetings Bards rle in persnnel situatins Avid cnflicts f Interest Prgram Activities Calendar: Training after electins fr new fficials Annual re-training Annual Audits f HR Plicy and Prcedure Manual Annual recrds cmpliance review Web Site Links: U.S. Small Business Administratin Trident Insurance Services prvides the abve prgram infrmatin in rder t reduce the risk f insurance lss and claims. The infrmatin prvided is nt intended t include all ptential cntrls r address any insured specifically. Trident als des nt warrant that all lss and/r claims will be avided if the prgram infrmatin is fllwed. By prviding this infrmatin, Trident in n way intends t relieve the insured f its wn duties and bligatins, nr is Trident undertaking, n behalf f r fr the benefit f the insured r thers, that the insured s prperty r peratins are safe, healthful, r in cmpliance with any law, rule r regulatin. Insureds remain respnsible fr their wn effrts t reduce risks and shuld cnsult their wn legal cunsel fr apprpriate guidance. Turn t Trident Hme Office: P.O. Bx , San Antni, TX (877)

2 Emplyment Practices Checklist Yu shuld have all bullet pints at a minimum (see attached) Currently legislative and judicial actins have almst cmpletely erded the immunities nce available t public entities. With the ersin f the gvernmental immunity dctrine in many states the increased need fr public fficials liability cverage has ccurred. Claims ccurring include wrngful terminatin, sexual r ther harassment, racial r age discriminatin, vilatin f the Americans with Disabilities Act (ADA), failure t hire, failure t prmte, Title VII, Equal Emplyment Opprtunity Statute, the Age Discriminatin Act, Imprper administratin f Federal Grants, Inequitable assessment f taxes, Imprper Zning apprvals r denials, Imprper training r Supervisin f emplyees, Imprper treatment f suspects and criminals, and many ther arenas fr the plaintiff s attrneys. Officers and directrs we three basic fiduciary duties t a nnprfit rganizatin: The duty f bedience The duty f lyalty The duty f care 1. Intrductin 2. Ptential Liabilities fr Emplyment-Related Expsures The At-Will Emplyment Dctrine Federal and State Anti-Discriminatin Laws Trt and Cmmn Law Dctrines Bearing upn Terminatin Ptential Persnal Liability Ptential Legal Expsure, Damages, and Csts frm Emplyment Related Claims and Lawsuits Attrney s Fees in Emplyment Litigatin 3. The Issue f Sexual Harassment 4. Special Prblems and Statutes Relating t Layffs and Terminatin s Age Discriminatin Prblems Offering Releases t Older Wrkers Severance Obligatins 5. The Hiring Prcess Jb Applicatins and Interviewing Testing f Applicants Prper Dcumentatin f the Emplyment Relatinship 6. Emplyment Orientatin and Educatin The Rle f Persnnel Plicies and the Essentials f any Emplyee Handbk Training Executive Directrs and Supervisrs Disseminatin f Persnnel Plicies and Emplyee Handbks Ban the wrd permanent. 7. Emplyee Evaluatin and Disciplinary Matters Cnduct candid, thrugh annual reviews Impsing Disciplinary Measures Make a prmpt, thrugh investigatin f allegatins f harassment r discriminatin Terminatin Guidelines Handling Fair Terminatins Turn t Trident Hme Office: P.O. Bx , San Antni, TX (877)

3 Seek legal advice befre taking an emplyment actin 8. State statutes and Emplyment Law Wage and Hur Laws Laws Regarding Unins Immigratin Laws Family and Medical Leave f Absence Laws Health and Safety Laws Emplyee Benefits Laws and Cbra Affirmative Actin Laws 9. Bard Practices: Infrmed and regular review f financial statements Regular attendance at bard meetings Clear understanding f the bard s rle in persnnel situatins Avid cnflicts f Interest EMPLOYMENT PRACTICES CHECKLIST Emplyers wh have a gd handle n emplyment practices lss cntrl shuld be able t answer yes t all f the fllwing questins. Surce: Jhn Caprn, Esq., Fisher & Phillips, 1500 Resurgens Plaza, 945 East Paces Ferry Rad, Atlanta, GA (404) HIRING Are yu using an emplyment applicatin that cmplies with the ADA, ADEA, Title VII and state law? Des every new emplyee fill ut and sign an applicatin? Des yur emplyment applicatin make it clear that emplyees are hired n an at-will basis? Des yur emplyment applicatin state that it will be active fr a fixed perid f time and that at the end f the perid the applicant must file a new applicatin if he r she desires further cnsideratin? Have yu instructed yur managers t persnally call the applicant s previus supervisrs fr a reference and are they actually ding this? D yu have an I-9 frm fr every emplyee hired since 1986, and d yu have cpies f supprting dcuments? Als, are yu using the prper I-9 frm and are the frms being filled ut cmpletely and prperly certified? D yu make a MVR check n applicants wh will be driving vehicles n cmpany business? D yu make a criminal recrds check n applicants fr sensitive psitins r where required by state law? D yu run a credit check n applicants? If s, d yu give them prper ntice f it? D yu use a 90-day intrductry (rather than prbatinary) perid? Are yu drug-testing all applicants? If s, is yur testing in accrdance with State and DOT requirements? D yu require yur managers t make a written evaluatin f new emplyees prir t the end f their intrductry perid? D yu have an emplyee handbk that spells ut yur benefits and plicies, but explicitly states it is nt a cntract and may be revised at any time? If s, have yu reviewed it within the last tw years? Turn t Trident Hme Office: P.O. Bx , San Antni, TX (877)

4 TERMINATION D yu require at least ne written warning befre terminating an emplyee fr pr jb perfrmance, as ppsed t a discharge fr a disciplinary ffense? D yu have a plicy that the respnsible department managers may nt terminate emplyees withut apprval r review? D yu interview all emplyees wh quit and require them t submit a resignatin statement in which they spell ut all f their reasns fr resigning? Des a respnsible senir manager review every emplyee discharge t insure that cmpany plicies have been fllwed and applied cnsistently? Is every invluntary terminatin case fully dcumented? D yu cntest all unemplyment cmpensatin claims when the discharge is fr cause? WAGE & HOUR COMPLIANCE Have yu within the last twelve mnths reviewed the jb duties f every emplyee wh is nt receiving vertime pay t be sure that each such emplyee is, in fact, exempt frm vertime? D yu have accurate time cards frm every emplyee wh is nt a bna fide executive, administrative r prfessinal emplyee? D nn-exempt emplyees receive vertime n their bnuses, cmmissin and ther payments in additin t their regular hurly wage? D yu have smene in payrll that knws hw t prperly handle garnishments? Are yu certain that yu d nt emply anyne under the age f 18? If yu d, are yu sure that they d nt drive vehicles ff yur premises r wrk arund dangerus equipment? If yu make deductins frm yur emplyees pay, are they in accrdance with state restrictins? If yu pay at the minimum wage, have yu checked t see whether the State s minimum wage is higher than the federal? HARASSMENT D yu have a n-harassment plicy psted that addresses all frms f harassment (i.e., including racial, ethnic, sexual, natinal rigin, religin and state law categries)? If s, des it cntain a specific prcedure t fllw t reprt harassment prblems? D yu have yur emplyees and managers sign a cpy f this plicy that cntains a prvisin that the signatry has read, understands and agrees with the plicy? Have yu trained yur managers cncerning harassment and hw t handle cmplaint investigatins? D yu cnduct peridic refresher training fr new managers? Have yu investigated every harassment claim? Have yu dcumented the results f these investigatins? AMERICANS WITH DISABILITIES ACT COMPLIANCE Have yu made yur facilities accessible t disabled applicants and custmers? D yu have separate persnnel files fr medical infrmatin as required by the ADA? Have yu trained yur managers wh d the hiring fr the cmpany abut the ADA and what the law requires f them? Turn t Trident Hme Office: P.O. Bx , San Antni, TX (877)

5 If yu use pre-emplyment medical exams, des yur physician knw the actual physical and mental requirements f each jb at the cmpany? (Remember, yu cannt require an exam until yu make a cnditinal ffer f emplyment.) Have yu written jb descriptins fr all psitins that specifically describe the physical and mental skills required fr each such psitin? FAMILY & MEDICAL LEAVE ACT (AND STATE LAW PARENTAL LEAVE) COMPLIANCE Are yu displaying the Family and Medical Leave Act pster? Have yu develped a Family and Medical Leave plicy? D yu have a Parental Leave plicy (under state law)? Is yur persnnel department familiar with the requirements f the law with respect t insurance, reinstatement, medical reprts, etc.? Des yur emplyee handbk cntain a Family Leave prvisin and a Parental Leave psitin? D yu knw which specific ntices yu must prvide under the circumstances and within the prper time frames? ERISA AND COBRA COMPLIANCE D yu have a cmplete and up-t-date COBRA ntice? If s, d yu send it t the emplyee and spuse? D yu send it t terminated emplyees via certified mail? Have yur retirement plan prvider and medical insurer each certified in writing t yu that the design and administratin f their plans cmplies with all relevant State and Federal anti-discriminatin laws (especially Title VII, the ADA and ADEA)? OSHA D yu have a written chemical Hazard Cmmunicatin prgram? Are yu training all new emplyees? D yu have dcumentatin t prve this? D yu have a tag-ut/lck-ut prgram t prevent accidents while equipment is being repaired? Have yu determined whether yu may be required t develp a hearing cnservatin prgram? Have yu develped such a prgram? If yu are nt within tw minutes f a hspital, have yu trained emplyees in first-aid prcedures and prvided training t such persns in hw t deal with ptential bld-brne pathgens? Have yu instructed supervisrs n hw t avid retaliatin r the appearance f it with respect t emplyees wh allege and/r reprt OSHA vilatins? POSTERS D yu have the five required federal psters prperly displayed (Title VII, Wage/Hur [FLSA], OSHA, Plygraph and FMLA)? D yu have all required State psters prperly displayed (e.g., wrkers cmpensatin, wage and hur, anti-discriminatin laws, etc.)? SUPERVISORY TRAINING Have yu cnducted supervisry training prgrams t insure that yur supervisrs and managers are aware f the ptential legal implicatin f their statements and actins with respect t emplyees? D yu prvide any specific training regarding sexual harassment and ther frms f hstile wrk envirnment? Turn t Trident Hme Office: P.O. Bx , San Antni, TX (877)