Employment Practices Audit

Many employers follow employment policies and practices that were developed in the distant past or were “borrowed” from another company and made their own – often without significant thought or analysis.  As a result, an employer’s employment policies and practices may not reflect the organization’s philosophy, may not be applied consistently, and likely do not meet the employer’s current needs.  Moreover, the employment policies and practices may not be compliant with applicable state and federal law.

An objective assessment, or an audit, of an employer’s employment policies and practices can prevent future legal problems by ensuring that the employer’s employment policies and practices are legally sound, meet the employer’s needs, and are consistently and fairly applied to the workforce.

Employment Practices Group works with employers to review current policies and practices to determine which policies need refinement or updating in light of changes in the law or best practices.  The audit may also result in the addition of new policies and procedures and/or the deletion of others.  While the employment practices audit will be tailored to your organization’s needs, a typical audit will include a review of the following:

• Pre-Hire
• Internal posting procedures
• Advertisements/recruitment
• Nepotism and fraternization practices
• Referral bonus
• Job descriptions
• Selection process
• Job application
• Drug testing
• References
• Disabled applicants
• Interviews
• Communications to applicants
• CORI
• Prior non-compete agreement
• Credit or background checks
• Hiring
• Offer letter
• Pre-employment physical
• Employment contracts
• Confidentiality agreements
• Non-competition agreements
• Orientation
• Immigration Reform and Control Act requirements
• Acknowledgment forms
• New hire documents
• Independent contractor issues
• Noncompetition agreements
• Confidentiality and non-disclosure agreements
• Commission agreements
• Mandatory posting of state and federal notices
• Personnel Files
• Pre-hire notes
• Medical information
• I-9 documentation
• Control of supervisor's notes
• Control and access
• Content
• Record retention procedures
• Performance Management
• Documentation
• Performance evaluations
• Training
• Sexual and unlawful harassment prevention training
• Policies and practices training for managers: discipline, documentation, hiring, and firing
• Other education and training
• Employee Handbook
• Form and content
• Distribution and receipt
• Modification
• At-will employment
• Orientation period
• Performance reviews
• Benefits, including health insurance
• Disciplinary procedures
• Leaves of absence
• Drugs/alcohol
• Electronic communications
• Fair Labor Standards Act compliance
• Payment of wages
• Direct deposit
• Bonuses
• Lawful Deductions
• Leaves of absence
• Family Medical Leave Act
• Maternity
• Military (USERRA)
• Personal
• Jury Duty
• Bereavement
• Sick time
• Vacations
• Short/long-term disability
• Holidays
• Tuition reimbursement
• Profit Sharing
• 401K
• Termination
• Workplace violence
• Termination Procedures
  • Investigation
  • Review of documents prior to termination
  • Unemployment insurance notice
  • Return of keys and other equipment
  • Payment of wages and vacation pay
  • Severance agreements
  • Layoff/reduction in force
  • COBRA
  • References