FAQ for Employers

Frequently asked questions for employers

Why have non-compete agreements?

Non-compete agreements are often vital to your business because they ensure the protection of customer relationships and confidential and proprietary information. Our firm can draft non-compete agreements designed to protect your business interests. In addition, our firm can also represent your business in the enforcement of non-compete and non-disclosure agreements.

Why have sexual harassment policies and procedures?

The law prohibits sexual harassment in two forms, quid pro quo and hostile work environment:

Quid pro quo Harassment - This form of sexual harassment usually involves a request for sexual favors in exchange for continued employment, a promotion, increased pay, or other employment benefit. The victim of this form of harassment may suffer adverse actions including failure to promote, reduction in pay or benefits, demotion or termination as a result of refusing to agree to the sexual advances of the supervisor or co-worker.

Hostile Work Environment Harassment- This form of sexual harassment involves severe or pervasive use of unwelcome and offensive language, sexual images, or physical touching that a reasonable person would find to be objectionable. Not every sexual innuendo, joke or act will rise to the level of legally prohibited sexual harassment. However, a substantial number of inappropriate comments or offensive acts can give rise to a sexual harassment claim. Having a sexual harassment policy that the employer enforces may legally require the employee to follow those policies by reporting the harassment to the designated manager or Human Resources representative and allowing the employer a reasonable opportunity to investigate the matter and remedy the situation.

Non-harassment policies will assist you in learning about errant employees, assist you in limiting your liability, and help you train your employees to be mindful of discrimination.

Why have an employment manual?

a) To inform management of your expectations and policies and procedures

b) To inform employees of your expectations and policies and procedures

c) To substantiate terminations for cause and assist you in not paying unemployment benefits to "for cause" terminations.

d) To aid in the defense of discrimination claims by

a. assuring best practices in human resources

b. setting forth defenses to hostile work environment cases

c. the EEOC often requests the policies and procedures and they show an intent to follow the law

e) To assist in correcting poor behavior

f) To limit third party liability

Why have job descriptions?

a) To minimize Americans with Disability claims

b) To assure that management and staff have the same expectations

c) To assure proper pay under Wage and Hour laws