It is too often the case that an employment-related dispute could have been avoided if the parties had just put the agreed terms in writing. An ounce of prevention is worth a pound of cure. The basic details of every employment relationship should be put in writing. Relying on what the employee and employer “knew” to be true after the fact are oftentimes an exercise in “he said, she said,” with each party recalling very different versions of what was promised, said and done. Timely and well-considered documentation of the employment relationship at all stages is essential to effectively manage personnel and protect your practice in the event of a legal claim.
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July 2012Below is a checklist of the key documentation that you should have in place for each of your employees.
Employment Application
Relying purely upon a resume to learn about an applicant may leave some important questions unanswered. While an employment application will not ensure that you have perfect information—there are legal limits on what you can ask, and applicants tend to embellish their credentials—a well-designed form is a useful tool to ensure a standard baseline of information from each candidate. The basics include educational background, work experience, compensation history, the employee’s availability in terms of work hours and the employee’s compensation expectations. Questions about criminal history and physical capabilities are a bit trickier, and a legal counsel should vet any application questions concerning these issues.