May 21st, 2008 at 7:06 pm
- OSPE Spring Conference
- OSPE CPD: Engineering Education in the 21st Century
- OSPE CPD: Lean and Green Construction
- OSPE CPD: IT Discussion and Solar House Tour
- OSPE CPD: Sustainable Transportation Infrastructure
- OSPE CPD: Employment Law for Professional Engineers
- OSPE CPD: Employee Handbooks
- OSPE CPD: P.E. Board Law
Saturday’s three lectures were all led by lawyers of the firm Downes, Hurst, & Fishel of Columbus. I left feedback that this group had the best handouts of any of the presenters. The handouts were well formatted and provided more detail than the PowerPoint. They were also pre-drilled with three-hole punches so they could fit in our binders: nice touch.
Brad E. Bennett led off with “The A, B, C’s of Employment Law for the Professional Engineer.” I didn’t write nearly as much as previous lectures. Some notes:
An engineer or engineering manager may be held personally liable if a discrimination, retaliation, or harassment suit is brought against him and the company, Engineers need to know enough law to avoid these situations.
Companies do have the right to hire and fire “at will,” but there are so many exceptions that exercising this right requires a lot of hurdle-jumping.
Company size matters: the more employees, the more laws apply. Some laws apply to public sector employees regardless of size.
OSHA violations are almost always appealable, reducible, and negotiable. Violations are publicly viewable, so these aren’t good things to happen to a company.
The Uniform Services Employment and Reemployment Rights Act of 1994 guarantees the right of uniformed people to be reinstated with their company at the rank and pay they would have received if they had never left. This is really difficult to judge, especially for those on extended deployments.
Ohio’s Whistleblower Act requires a written notice to the employer of an employee’s violation of the law. The employer has 90 days to fix/address the situation before it is liable. Retaliation is prohibited.
Companies generally are not liable if there is an assault on the premises, unless the company knew the offending employee had an assault conviction at the time of hire, or that company is in the business of providing muscle: bouncers, security guards, etc.
If you are asked to give references to someone else, be careful. Third party companies like Check My Reference may call asking for references. If the information you give the employer is different than the third party agency, you may be liable for defamation of character.
Having a proper interview process is important. There are good and bad questions to get the answers you are looking for as an employer. Some questions that comply with the Americans with Disabilities Act include: Did you read the job description? Can you perform the job? Do you need any accommodations to perform the job? Do not ask what the medical condition is before the employee is hired.
An offer should be given, then the drug test should be performed.
Summary: At Will does not equal No Law. Have policies, procedures, and an Ohio-compliant Employee Handbook. Update policies and job descriptions yearly. Have an interview process. Know the applicable laws and when to contact consul.
