You don't need us to tell you that violence in the workplace has become a major societal problem. You probably also recognize that taking steps to keep violence out of your own workplace is not only a moral but a legal imperative. But what you may not know is exactly how to go about preventing workplace violence. And that's why we created this 10-step plan for you (as well as a … [Read more...] about Workplace violence: A 10-step prevention and liability management plan
Compliance
5 ways your firm can be liable for workplace violence
Failure to prevent an act of violence from occurring at your workplace can result in your law firm being held liable under one or more of the following five laws: 1. U.S. OSHA The U.S. Occupational Safety and Health Administration (OSHA) doesn't have a specific regulation or "standard" for workplace violence the way it does for other workplace hazards like chemicals, … [Read more...] about 5 ways your firm can be liable for workplace violence
Model Policy: Workplace violence statement
Why you need this policy: Although not specifically required by OSHA, Best Practices and unofficial OSHA guidance suggests that employers develop a written program to prevent workplace violence that includes, among other things, a written statement from management expressing the organization's policy on workplace violence. How this policy helps you: Although it requires … [Read more...] about Model Policy: Workplace violence statement
Can you use Facebook to screen job applicants?
"We don't think employers should be asking prospective employees to provide their Facebook passwords [for pre-hiring background checking] because we don't think it's the right thing to do." -- Facebook (statement on company's website) Facebook's statement has set off a firestorm of controversy and misinformation. The popular consensus seems to be that the employer's practice of … [Read more...] about Can you use Facebook to screen job applicants?
Model Tool: Privacy Risk Assessment
Why you need this assessment: Information collected about individual job applicants is considered personal information subject to privacy laws, regardless of whether the information is publicly available. You need to consider these privacy risks you face before using social media sites like Facebook to gather personal information about job applicants. How this assessment helps … [Read more...] about Model Tool: Privacy Risk Assessment
Model Tool: Pre-Employment Screening Notification
Why you need this notification: Collecting information about job applicants from social media websites like Facebook can get you into legal hot water. That's because the information you collect may be considered protected, personal information to the extent applicants can show they had a reasonable expectation of privacy in the material. How this notification helps you: It's … [Read more...] about Model Tool: Pre-Employment Screening Notification
Model Policy: Progressive discipline and employee termination
Why you need this policy: There's no point in having any policies, procedures, and standards unless you're prepared to discipline employees who disobey them. The problem is that discipline is not only unpleasant but likely to result in some form of legal grievance, especially if the employee belongs to a union. That means you'll end up having to defend your action before an … [Read more...] about Model Policy: Progressive discipline and employee termination
How cultural differences complicate sexual harassment issues
By Steve M. Cohen bio You are probably tired of hearing about it, but some people never seem to understand that sexual harassment is not ok. "No" really does mean "no," and the workplace is not a singles' bar. Sexual harassment can also be a form of bullying or predatory behavior. In any form, sexual harassment is not acceptable and organizations that fail to deal with it make … [Read more...] about How cultural differences complicate sexual harassment issues
Model Policy: Nondiscrimination and diversity
Why you need this policy: The diversity of the 21st century work force has made offering equality of opportunity to individuals regardless of race, ethnicity, religion, national origin, gender, age, sexual orientation, disability, or other personal characteristics not related to their professional abilities is not just a legal mandate but an economic imperative. How this policy … [Read more...] about Model Policy: Nondiscrimination and diversity
Model Policy: Copyright compliance
Why you need this policy: Copyright infringement has become a serious liability risk for law firms: * In 1991, a mid-sized Washington, DC, law firm was sued for $14 million by a publisher. The case was eventually settled but not until after the firm incurred over $1 million in legal fees; * In 1999, a large Wall Street firm settled a … [Read more...] about Model Policy: Copyright compliance