Employment Law

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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;
–…

Employer Personnel Files in Iowa

Employers should maintain a separate personnel file for each employee. An employer should also maintain a medical file which is separate from the personnel file. Both sets of files should be secured or locked. Access to those records should be restricted to a need-to-know basis and designated individuals should be…

How to Avoid Incorrectly Treating a Worker as an Independent Contractor.

The penalties for incorrectly treating a worker as an independent contractor are significant. Consider these factors before deciding whether to treat a worker as a contractor.

Many business owners want to use independent contractors to complete certain tasks rather than hiring employees. There are…

Who Should Conduct an Internal Investigation of Harassment: Considerations

Business owners often wonder who should conduct internal investigations of harassment. Here are some considerations:

Internal Investigators

1) Management. A direct supervisor may be less likely to be impartial. If a manager is chosen outside the direct line of supervision, that person should be of higher…

Avoiding Sexual Harassment Claims in Iowa: Practical Advice

Employers have an obligation to prevent sexual and other forms of harassment in the workplace. Some ways to avoid harassment claims include the following:

  • Have a written policy against harassment which should include an anti-retaliation provision for those employees who report harassment.
  • Provide and communicate in writing

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