Current and Accurate Job Descriptions: The Foundation of Defensible Employee Documentation
The nature of an employee’s job duties will likely change over the course of his or her employment and so should his or her written job descriptions. Too often, however, employers don’t keep job descriptions up-to-date. Drafting an accurate job description is complicated and if not done correctly can cause legal problems for an employer. The job description is likely to be one of the first pieces of evidence called for should you need to discipline or terminate an employee or if there is a disagreement concerning job performance and responsibilities. Job descriptions are too important not to take seriously as they are being written. In addition, they also need to be reviewed periodically to make sure they still accurately reflect an employee’s job responsibilities. For example, by including the wrong words or phrases in a job description you may be running the risk of violating the ADA, forfeiting the at-will status of the employee, or perhaps even unknowingly violating an important FLSA requirement. Please join Melissa Fleischer, attorney at law, as she takes you through the steps for writing strong job descriptions and alerts you to the hidden pitfalls that drafting job descriptions may bring.
Just a sampling of the many practical tips you’ll take away:
- Understand the legal pitfalls that can occur as a result of drafting poor job descriptions
- Learn what words can lead to discrimination claims when drafting job descriptions
- See how to avoid ADA claims
- Understand how a well-drafted job description can help you determine whether you must provide a reasonable accommodation to an employee
- Review what statements in a job description can lead to negating an employee’s at-will status
- Be aware of what terms might cause FLSA issues for your employer
- Learn about preventing your organization from Equal Pay Act liability with well-drafted job descriptions
- Discuss how often you should be reviewing an employee’s current job description
- AND MUCH MORE!
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