Employment Law

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Six Questions to Consider Before Firing an Employee

You should consider the following in deciding whether to fire an employee:

1) Do you have documentation of the employee’s poor performance and/or poor behavior? What is in the employee’s personnel file? You should also conduct a thorough investigation of the events in question including the employee’s…

U.S. SUPREME COURT LIMITS WHISTLEBLOWER RIGHTS

A recent United States Supreme Court ruling limits protections for government workers who blow the whistle on official misconduct. New Justice Samuel Alito cast the deciding vote in the 5-4 decision.

Critics have said the ruling silences millions of workers who fear retribution for reporting corrupution or problems with…

How to Hire the Right Attorney for Your Business

There are four professionals that your business will likely need for start-up and beyond.

1) Attorney,
2) Accountant,
3) Insurance Agent, and
4) Banker.

Recently I read article which quoted fitness video guru Billy Blanks as saying he learned how it important it was to hire…

Watch Out for Resume Fraud

Recent news stories show resume fraud presents a big problem for your business. Recently, the Minnesota Vikings Director of Player Personnel was fired for inaccuracies on his resume. Iowa State University has had multiple cases where coaches and faculty have lied on their resumes. Could this happen to you?

Chances…

Are You Drug Testing? Make Sure to Comply with Law

If you are a private Iowa company that drug tests your prospective or current employees it is important that you pay attention Iowa Code section 730.5. This statute sets forth the obligations of private sector employers involving drug testing in Iowa. I have dealt with…

A New York administrative law judge ruled that a city worker cannot be fired for surfing the Web. The judge said surfing the web is equivalent to reading a newspaper or talking on the phone, providing a combination of communication and information that most employees use as frequently in their personal lives as for their…

Retaliation Claims Pose Threat

Iowa is known as an "Employment at Will" state. The mantra is that an employer may fire someone for "any reason" or "no reason at all" – as long as that reason is not discriminatory. However, there are exceptions to this rule. One of the major exceptions is when a termination…

AVOIDING DEFAMATION CLAIMS IN RESPONDING TO REFERENCE CHECKS: Iowa Code Chapter 91B.2

A significant potential liability faced by employers is defamation. To defame someone is to make a false statement that injures the person’s reputation. A written defamatory statement is known as libel. A spoken defamatory statement is slander. In order to have a legitimate…

Employer Personnel Files in Iowa – Part II

A typical personnel file may include the following:

-Employment application, along with supporting documents such as a resume, transcripts and interview notes;
– Recommendation letters and reference checks;
– Copies of non-compete agreements with any prior employer;
– Offer letters and/or employment contracts;
– Form I-9;
–…