Why you need this policy: The law governing your right to discipline employees for the things they say on blogs and social networks is still in its infancy stages. But even from the early cases, it has become clear that online conversations are not simply private matters. There's a big difference between bad mouthing a company, supervisor or colleague to a friend in a bar over … [Read more...] about Model Policy: Employee computer use and social networking
Information security
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: Telecommuting
Why you need this policy: Telecommuting offers significant business advantages to a law firm. But it also comes with some liability challenges for employers who choose to offer telecommuting. How this policy helps you: The best way to avoid the 8 pitfalls of telecommuting is to establish a policy that sets out clearly the arrangement, the expectations and the criteria for … [Read more...] about Model Policy: Telecommuting
HR law and employee social networking
Can you discipline employees for social networking offenses? Answer: It depends. Explanation: Frittering away time, disclosing patient records, bad mouthing the practice and other offenses are grounds for discipline when they occur "off line." So why should it make a difference if employees do these things online while social networking? In theory, it shouldn't. The … [Read more...] about HR law and employee social networking
How to start your new hires off on the right foot
By Dr. Steve M. Cohen I'm often amazed at how many organizations start on the wrong foot with new employees. When you consider how much time you're going to invest in this person over the years, it's worth ensuring that you set the groundwork for success. And some of the most important steps begin even before the hiring. Both sides expect professionalism Even a normally … [Read more...] about How to start your new hires off on the right foot
Model Policy: Client privacy
Why you need this policy: As with any other corporate website, law office websites collect and use personal information of site visitors, including "personally identifiable" information, i.e., names and other information that can be traced back to a specific individual. Such use and collection of personal information is subject to requirements under privacy laws. How this … [Read more...] about Model Policy: Client privacy
Model Policy: Client file retention and destruction
Why you need this policy: One of the thorniest challenges of managing a law office is the handling of client files. It's not just an administrative issue. Retention and destruction of client files are subject to legal and ethical requirements, including the ABA Rules of Professional Conduct. How this policy helps you: It's crucial to establish a written policy that explains how … [Read more...] about Model Policy: Client file retention and destruction
Model Policy: Reduced schedule and flexible work arrangements
Why you need this policy: Once upon a time, the belief was that an individual could be an attorney or a primary caregiving parent but not both. Attitudes—and laws—have changed this thinking and opened the door to all kinds of flexible work arrangements allowing attorneys to balance their professional and parental obligations. How this policy helps you: Every law office needs a … [Read more...] about Model Policy: Reduced schedule and flexible work arrangements
How long should you keep client and practice records?
A lot of questions come up about the most basic elements of maintaining and destroying client records. And that's because to many of those questions "there's no hard and fast answer," says Washington, DC, attorney and record management consultant Teresa Schoch is also a past member of the Michigan Bar Association's ethics committee. Here are seven such issues. The 10-year … [Read more...] about How long should you keep client and practice records?