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LEGAL CONSIDERATIONS IN THE WORKPLACE: EMPLOYMENT LAWS

LEGAL CONSIDERATIONS IN THE WORKPLACE: EMPLOYMENT LAWS. October 2001 Presented by the Office of the General Counsel 288-7343. Introduction. OGC staff & general areas of practice Accessibility for consultation Protection of confidentiality in questions

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LEGAL CONSIDERATIONS IN THE WORKPLACE: EMPLOYMENT LAWS

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  1. LEGAL CONSIDERATIONS IN THE WORKPLACE: EMPLOYMENT LAWS October 2001 Presented by the Office of the General Counsel 288-7343

  2. Introduction • OGC staff & general areas of practice • Accessibility for consultation • Protection of confidentiality in questions • Overview of session - invitation to interrupt

  3. The Hiring Process • Authorization to recruit • Writing the ad-requirements vs. preferences • Generating a pool of candidates-affirmative action; Jesuit preference • Prohibited interview questions • Medical tests and conditional offers of employment

  4. The Hiring Process (cont.) • Background checks-criminal records and fair credit reporting rules • Eligibility to work in the U.S.-Form I-9 and foreign nationals • Benefits enrollment-30 days, no exceptions • Hire the most qualified candidate

  5. Terms and Conditions of Employment • Employee Handbook, Faculty Handbook, Contract • Job description -- build in flexibility • Supervisor direction • Collective Bargaining Agreement, if unionized • Business Policies and Procedures

  6. Terms and Conditions of Employment (cont.) • Evaluations (e.g., Annual Reviews) • Timely documentation of performance problems, issues • Appropriate merit raises • Exempt vs. Non-Exempt employees • ADA, FMLA, Workers’ Compensation

  7. Terminating an Employee • Consultation with OGC & HR • Importance of complete written documentation of performance problems • Importance of reasonable opportunity to correct performance problems • Termination vs. Severance

  8. Terminating an Employee (cont.) • Protection of University property/restriction of access post-termination • Notification of HR - cessation of pay & benefits/COBRA notice

  9. Employment Litigation • Filing with EEOC & ERD • Employer burden of proof • Employee burden of proof • Initial determination • Hearing, appeals, trial • University defense & indemnification of employees

  10. Special Topics • Sexual harassment • Workplace privacy • Employment records

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