Necessary Roughness

In another 1-½ hour course, Brad E. Bennett, Esq., of Downes, Hurst, & Fishel, presented “Engineering Legally Complaint Employee Handbooks For Your Engineering Firm.”

Some notes:

Again, Ohio generally follows the “At Will” doctrine, with 17 basic exceptions to the rule.

Employers need to be careful that their offer letter does not create a contract of employment.

All handbooks need to state that they are not contracts and nobody except the President or his designee can enter into employment agreements. This stops “promissory estoppel” claims.

Employers must accommodate religious freedoms within reason. If someone has to pray a couple of times a day, 15 minutes at a time, the employer may let him take his prayer times and only offer him a 30-minute lunch while everyone gets an hour off. Another option for the employer is to ask the person to work 30 minutes later.

ADA and Religious accommodation: private facilities such as chapels and prayer rooms tend to be unaccomunaccommodatableodatable.

Employers should recheck employee backgrounds periodically, in case someone has picked up a conviction.

Non-smoking provisions should be added to the employer’s workplace violence policy. Signs and smoking areas are recommended.

After some nice lists of what to include and what not to include in handbooks, the final point was made: provide management training and interview training as a matter of policy! It is not worth the lawsuit.

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