California employment law is well developed and covers all issues that may be encountered in all state businesses. It envisages issues that may be contentious and which may be the subject of disagreements and abuses and outlines clear policy guidelines which fairly cater for the parties concerned. Employers are not obliged to employ only those with the highest rating, qualification or expertise but can take other factors into consideration. Issues of integrity are critical in jobs and can play an important role in determining whether an individual is finally hired for a job, or not, even if they have all the other qualifications. These practices must be incorporated into your employee handbook.
Personal information may be sought but questions regarding age, country of origin, religion, physical features, sex and race are considered discriminatory. California employment law does not consider these issues to be of any relevance or significance when assessing the suitability of potential candidates for possible recruitment for certain positions. There may be a few exceptions to these especially where it can be shown that any of these factors will determine the ability of the individual to perform the functions of the job. Again, I would make sure that your hiring practices state this within your employee handbook so that if an EEOC claim is presented against you there will be a policy in place.
California employment law is very categorical on questions that must not be asked. It is considered to be of no good intention whatsoever to ask whether a candidate under consideration is married during an interview. Their plans as far as marriage is concerned are similarly not in the sphere of professional concerns. Whether an individual has children or plans to have some should never be asked nor considered during an interview. Likewise, the place where one was born serves no useful purpose and is prohibited to inquire about.
Whether an individual has ever been arrested, or not, should not determine their eligibility for a vacancy. It is only convictions which count because California employment law recognizes this as a valid point for consideration since the individual has been proven to have acted in a manner that is not acceptable by a recognized judicial system of the state. A candidate must be able to prove that he or she resides in the state legally and is eligible for employment. Incorporating a statement about whether someone with a criminal record can be employed within your business should be included in your employee handbook.
California employment law prohibits any character assassination…
While references are crucial for determining the credibility and integrity of a prospective employee, malice and character assassination are highly discouraged. References are limited to professional conduct and any aspect of it that may be seen to infringe on human and legal rights may attract legal suits. Employers have therefore found it convenient to confine themselves to such issues as date of recruitment, last date of work and salary details. California employment law prohibits any character assassination which may jeopardize chances of getting jobs and similar opportunities. It is critical when giving any negative reference information that it is provable. If it can’t be proved do not present it. To make it easy for your employees I would present your position on reference checks within your employee handbook.
California employment law recognizes that there are situations where people are employed without formal contracts for one reason or another. This kind of situation leaves the employee at the mercy of the employer but the law still makes some provisions which will act as a guide in case of conflicts. Even though it is not obligatory to have an employee handbook, it is recommended as an effective guideline for staff and also a means of dispute resolution if and when disputes arise. It should include a statement of equal opportunity placement and state the position of the employee in the company.
California employment law is very strict on sexual harassment and does not…
An employee handbook should make the company position on sexual harassment clear. This includes the definition of what amounts to sexual harassment and the penalty it attracts. California employment law is very strict on sexual harassment and does not condone any form of behavior which may be considered abusive to people in employment positions based on their gender, sexuality or sexual orientation. Rules regarding access to the internet, electronic mails and general voice mail policies should be outlined. The law makes it mandatory for employers to provide safe working conditions for their staff. The work place must be designed in such a manner that eliminates any obvious possibilities for injuries. Besides the preparedness to prevent injuries, there must also be provisions to deal with them in the event they occur. This includes policies to compensate the injured and pay for their medical bills.
California employment law prohibits the practice of terminating or discriminating against staff on the basis of their age, physical conditions like disability, sex, race, pregnancy and place of birth or nationality of origin. These factors must not constitute grounds for consideration in job promotions, termination and wages. No individual shall be fired from work for refusing to go against the law. Cases of termination must be dealt with according to terms of contract and in accordance with provisions of the law. Employees are entitled to leave according to Family and Medical Leave act.
As you can see California employment law is very strict in many areas of the workplace. I can’t stress enough to have an employee handbook so that you have a method to inform your employees and clear-cut policies on how you handle certain situations within the workplace. There are many great employee handbook software programs that are very inexpensive and comprehensive. Take advantage of them for your own protection!
Good Luck and May God Bless You!