HR Guidebook - Best

About the Guide

This guide is designed to provide general information on preparing an Emergency Plan for your business.  It can be used by any type of large or small business. 

This guide will assist your business in preparing an Emergency Plan that will help you to:

•  ensure staff and client safety to the best of your ability, should an emergency occur.

•  protect your business from the adverse effects of a large or small emergency.

•  ensure the continuance of service during and immediately following an emergency to minimize disruption of service to clients.

•  increase the probability of continued existence of your business as a viable entity after an emergency or business interruption disables one or more of your facilities.

•  reduce the exposure of your business to financial loss as a result of an emergency or business interruption.

What is an Emergency

An emergency is any unplanned event that can shut down your business, disrupt operations, cause physical or environmental damage, threaten your businesses’ financial standing or image, or even cause deaths or significant injuries to employees, clients or the public.  Emergencies and disasters can strike anytime and anywhere and often when you least expect it.  The events of September 11 underscore the need for having an Emergency Plan for all businesses.  So, where do you begin?  How do you protect your employees and your business?  Few people can think clearly and logically in a crisis, so the best way is to plan in advance – brainstorm the worst-case scenarios and ask yourself what you would do if the worst happened.  This “brainstorming” process is best accomplished working with your businesses’ employees during department or group meetings.  It serves the dual role of building awareness of emergency planning, as well as surfacing potential risk areas about which management may not have been aware.

Why Plan

Your business faces some sort of risk from natural disasters no matter where you live in the United States. 

Is your business prepared to deal with the following crises?

Natural Disaster – Human-Caused Disaster – Fires – Floods – Terrorism – Loss of Essential – Public Utilities such as Electricity and Water – Toxic Gas Release – Severe Winter Storms – Bomb Threats – Chemical Spills – Workplace Violence – Civil Disturbances – Tornadoes – Hurricanes – Radiological Accidents – Explosions – Computer Failure (possibly from Viruses or from Hackers) – Nuclear Facility Accidents – Riots

If you answered no to any of these crises, your business, clients and employees are at risk. It is critical that you develop a Business Emergency Plan. No plan can guarantee business survival; however a clear, well thought-out plan can greatly enhance the chances for survival while minimizing the disruption to your business, clients and staff.  Businesses that prepare fare better in a real crisis – and, in fact may avoid some crises.

Effective planning will:

• safeguard your investment and critical resources (human resources/physical resources/business continuity).

•  help to determine your business vulnerabilities.

•  provide a logical sequence of events and tasks.

•  shorten the time to effect a recovery.

•  minimize the costs of the recovery.

•  avoid confusion and reduce exposure to error in the recovery process.

•  avoid duplication of efforts during the recovery process.

Purpose of an Emergency Plan

The purpose of an Emergency Plan is to document the recovery strategies, essential resources, and procedures necessary to implement a recovery process.

What about Costs

A business owner is always mindful of the costs.  Therefore, your first step in this process should be to identify costs associated with developing and implementing an Emergency Plan.  Prepare a worksheet and identify the items that are NO COST, UNDER $500 and MORE THAN $500.  For example:

NO COST

Ex.  Ask your insurance company or agent about policy coverage and prices.

UNDER $500

Ex.  Purchase an Emergency Preparedness Kit

MORE THAN $500

Ex. Send the Emergency Management Planning Team to several days of training or conferences
     
The cost to prepare and implement an Emergency Plan is very little.  A business disruption without an Emergency Plan is often very costly.  The bottom line is – it is much better to pay now to reduce your risks then to pay later.

Documentation

The Emergency Plan should be in writing.  You may want to assign each member of your Emergency Management Planning Team a section to write.  It should include, but not limited to: 

•  an introduction to the Plan,
•  defining the Planning Team roles and responsibilities,
•  recovery strategies and procedures, and
•  essential resources.

The Emergency Plan should be readily available to all members of the Planning Team.  The Plan should be designed so that recovery team members, and others involved in the recovery process can quickly pick up the Plan and find useful information to guide the recovery process. Key personnel should have a copy of this documentation at work and at home.  Remember, an Emergency Plan is never a fixed finished document.  It evolves and gets better as time goes on.  Therefore, it doesn’t have to be perfect the first time you do it.  The important thing is to get started on it!

Review Test Train and Maintain

After completion, the Emergency Plan needs to be reviewed with all employees on a regular basis.
 
With respect to training, the basic rule of thumb is that when an emergency occurs, employees should know who is in charge, what they are responsible for, what they are not responsible for, where they should go and what types of potential emergencies exist and corresponding emergency procedures.  Employees should at least know where the fire extinguishers are and have seen a demonstration on how to use them. 

Employees should be trained in safety and first-aid as well as CPR.  Cross-training should be considered to allow employees to replace a missing co-worker. Research has shown that people generally respond to an emergency in the way they have been trained. 

With respect to testing, a full-blown test may not be feasible.  However, tests like unplanned evacuations should be treated and evaluated as tests of your recovery ability.  At a minimum, a full test should occur once a year. 

Your Emergency Plan should be routinely reviewed and updated.  For example, schedule maintenance for information that is critical to a successful recovery like major changes to technology infrastructure, new business processes and personnel changes.  A plan that is not maintained may be dangerous and worse than no plan at all.  The cost to review, train, test and maintain is very little, yet yield immediate benefits of:

•  improving communications within the organization.
•  highlighting vulnerable points in the organization’s operations.
•  ensuring that the organization has its best possible chances of surviving.

Meet with outside organizations such as the fire and police departments so they are aware of your Emergency Plan.

Direction and Control

Top management support is critical.  Trying to do an Emergency Plan without top management’s clear commitment does not work effectively.  Gaining management support and commitment can be accomplished by requesting management’s support and commitment, documenting findings, such as from a risk assessment or business impact analysis, and presenting the findings to management.

The first step in preparing to plan for any emergency is to carefully select members of a Planning Team (referred to as a Disaster Response Team, Business Recovery Team, or Emergency Operations Team) from your group of employees.  A Planning Team Coordinator should be named who will be responsible for coordinating all emergency efforts.  Appoint a second in command.  If the person normally in charge is injured in the emergency or not available, the second in command should be named in the plan, and delegated full authority in this situation.  If you can’t name someone, you have already pinpointed one of your greatest vulnerabilities. The Planning Team should have regular meetings.  These meetings should compile the information necessary to recover from an emergency or disaster.

You may also want to consider assigning Recovery Team Leaders for each department within your business.  These leaders consist of people who are responsible for performing tasks required to recover vital business functions and processes.  These leaders should be comprised of knowledgeable people from the business functions that will be recovered.  These functions may include:  Information Systems, Customer Service, Accounts Payable and Receivable and Personnel. Of course, your business can create Recovery Team Leaders where you may have specific needs.  The duties of the Recovery Team Leaders should include assisting the Planning Coordinator in the development and implementation of your businesses Emergency Plan and creating an Evacuation Plan and Plan of Action for their respective departments.  The number of Recovery Team Leaders will depend on the size of your business.  If your business is relatively small, the Planning Coordinator can develop your recovery plan for all departments.

A chain of command must be established to minimize confusion, so that employees will have no doubt about who has authority for making decisions.  Responsible individuals should be selected as team members.  Because of the importance of their functions, adequate backup must be arranged so that trained personnel are always available.  The duties of the Planning Team Coordinator should include the following:

•  coordinate and manage all of the events required to develop an Emergency Plan.

•  serve as a liaison between management,  recovery teams and internal and external resources.

•  establish a budget and timeline.

•  evaluate emergency vulnerabilities on a continuing basis, revise plans and resources appropriately.

•  assess the situation and determine whether or not an emergency exists that requires activating emergency procedures.

•  direct all efforts in the area, including any necessary evacuation of personnel.

•  ensure outside emergency services such as medical aid and local fire departments are called in when necessary.

•  direct the shutdown of business operations when necessary.

You may consider adding these duties to employee job descriptions.

Business Impact Analysis

Find out which disasters are typical for your community or business.  This small investment of time will go a long way toward averting serious damage to your business and minimizing the disruption a crisis can cause.

Large corporations often hire risk managers or consultants with experience in disaster planning and recovery to handle this task, but small businesses can do the analysis and planning on their own.

A Business Impact Analysis determines which business functions and processes are required for the organization to continue to function and fulfill its mission in the event of an emergency.  For example, with an Accounting Department, the Accounts Payable function may be less critical to the survival of the organization than the Accounts Receivable function.  Identify which functions are vital to the organization to continue to exist within a very short period after an emergency.  Determine the consequences that would be encountered as a result of a disruption to each vital business process and information application.  Understand the tangible and intangible losses your business would suffer as a result of a serious disruption to those operations.

Where do you stand right now?  The following chart will help your company recognize and understand hazards and help determine recovery planning priorities.  A security review, by a local security company or engineering firm, can help identify your facility security vulnerabilities.  Identify the federal, state and local codes and regulations such as Occupational Safety and Health (OSHA), fire codes and environmental codes.  Consider the financial impact if your business shuts down as a result of a disaster.  What would the impact be for a day, a week or an entire revenue period?

When listing the types of emergencies, think about what can happen within your facility, in your community or at other facilities.  Think about your geographic location.  Keep in mind the proximity to nuclear facilities or businesses that produce hazardous materials.  Think about emergencies from a technical standpoint such as computer failure or those emergencies caused by human error such as substance abuse or poor training.  In the probability column, estimate the likelihood of each emergency happening.  What is the human impact of each emergency?  What is the possibility of death or serious injury?  Consider the property impact.  What are the costs associated with damaged equipment or complete losses?  What is the business impact?  Assess the impact of business interruption such as product distribution or critical supplies.  Internal resources include personnel, back-up systems and equipment such as emergency supplies.  External resources include relationships with fire and police departments, local emergency management agencies, hospitals and community service organizations.

Communications

The Planning Team should consider communications with employees and family, emergency responders, media, clients and neighboring businesses.

Alternate Facility/Headquarters

What if your employees are forced to evacuate?  During an emergency involving a fire, flood or explosion, it may be necessary to evacuate the entire building.  Normal services, such as electricity, water, and telephones may be nonexistent.  Under these conditions, it is necessary to have an alternate facility or headquarters to which employees can report or act as a focal point for incoming and outgoing calls.  Since time is an essential element for adequate response, the Planning Team Coordinator should select an alternate facility or headquarters for employees to report to such as a hotel, school, employees’ home or space from a neighboring business.

Equipment

Emergency communications equipment such as amateur radio systems, public address systems or portable radio units should be readily available for notifying employees of the emergency and for contacting local authorities, such as law enforcement officials, private sector charitable organizations and the fire department.

Employee/Family Considerations

Take care of your own people first.  In an emergency, your employees will need to know whether their families are okay.  Taking care of one’s loved ones is always a first priority.  Make plans for communicating with employees’ families in an emergency.  Encourage your employees to consider how they would communicate with family members in case they are separated from one another or injured in an emergency.  Ask your employees to arrange for an out-of-town contact for all family members to call and to designate a place to meet family members in case they cannot get home in an emergency.  Ensuring your employees and their families has necessary medical care, housing, food and other necessities are important.  If these things are not considered, your employees will not be able to assist with your businesses recovery efforts.

Notification/Emergency Responders

It is very important to establish a procedure for employees to report in an emergency.  Inform each and every employee of the procedure and train personnel who are assigned specific notification tasks.

Your company should prepare a list of Planning Team members to include their names, addresses, phone numbers, emails and areas of responsibilities.  Identify and list all other employees by department, their duties if an emergency occurs, equipment and supplies needed to work, their phone numbers and the order in which they should be called back to work.  This can be done by the Recovery Team Leaders.  If destruction of your business occurs, it is important to have those employees available to assist with immediate needs and operations of the business.  ALL employees should fill out an Employee Profile Form that includes their name, address, phone numbers, email, emergency contact, immediate family, written directions to their home and a drawn map to their home.

Maintain an updated list of addresses, phone numbers and emails of key personnel from outside the facility like police and fire departments, American Red Cross and your local Emergency Management Agency.  It may be necessary to notify other key personnel should an emergency occur during off-duty hours.  An updated, written list of key personnel, in order of priority, should be included as part of the Emergency Plan.

Know where to get help!  Listen for tornado, hurricane, and other severe weather warnings issued by the National Weather Service.  Determine government agencies’ notification requirements in advance.  Notification must be made immediately to local government agencies when an emergency has the potential to affect public health and safety.

Media/Clients

In an emergency, the media are a key link to the public.  Designate a trained spokesperson and an alternate spokesperson.  You may also consider setting up a media briefing area.  Consider establishing procedures for ensuring that information released is accurate and approved for public release.  Your company should maintain a list of the forms of media, such as newspaper, radio and TV, in your area including the contact names, addresses, phone numbers and emails. 

Prepare announcements that can be made over public address systems.  The following is a sample announcement.

DISASTER DAMAGE

Special Notice to our Staff/Clients/Public: (Business Name)

Announces that they are now temporarily located at ___________________________(address).  They can be reached at ___________________.  Information regarding (your business name) will be released through the local media as soon as it becomes available.

Warning

A reliable means of communications is needed to alert employees to any evacuation or other action that may be required.  Alarms must be audible or seen by all people in the building, and should have an auxiliary power supply in the event that electricity is affected. Alarms must be distinctive in sound, and a recognizable signal to evacuate the work area or perform actions designated under the Business Emergency Plan.  The employer must explain to each employee the means for reporting emergencies, such as manual pull box alarms, public address systems, or telephones.  Emergency telephone numbers should be posted on or near telephones, on employee bulletin boards, or in other conspicuous locations.

Make plans for warning persons with disabilities.  For instance, a flashing strobe light can be used to warn hearing-impaired individuals.  You should consider utilizing a “buddy system” for persons with disabilities.  Under this system, persons with disabilities would be assisted by one or more employees in his/her department. 

Familiarize all employees with procedures for responding when the warning system is activated. Establish procedures for warning customers, contractors, visitors and others who may not be familiar with the facility’s warning system.

Neighboring Businesses

You should consider contacting your neighboring businesses to let them know about your Emergency Plan.  They may be able to assist your business in the event of an emergency.

TEST YOUR FACILITY’S WARNING SYSTEM AT LEAST ONCE A MONTH

Safety

Life Safety

During a disaster or emergency situation, the first priority is to ensure the safety of employees and other individuals who are in the facility at the time.  In the case of a fire, an immediate evacuation may be necessary.

To protect your employees and others in your facility, a detailed evacuation plan should:

•  identify who has the authority to order an evacuation and under what conditions an evacuation will be ordered.

•  designate primary and secondary evacuation routes.  Be sure that the routes can accommodate all personnel and are not likely to expose your employees to additional hazards.  Evacuation routes and maps, which should be reviewed with all employees, should be posted in conspicuous places in each facility.

•  recognize that some emergencies will require that employees seek shelter, whether in the workplace or outside the workplace.  Procedures should be in place which outline when shelter should be sought, where shelter is located and what items will be maintained there.

•  system for providing transportation for employees in the event an evacuation occurs.

•  procedures for notifying the appropriate authorities like fire, police, ambulance, etc.

•  system of accounting for employees and other individuals in the building once the evacuation occurs.  Remember to also consider the needs of persons with disabilities.  The Planning Team should be notified of anyone who cannot be accounted for, including names and last known location.

•  listing of assignments of personnel required to continue necessary business operations or to shut down operations.  Make sure personnel know when to abandon the operation and evacuate.

•  list of those designated to establish return to work schedules.

•  training in evacuation and shelter procedures for all individuals.  Training should be conducted for all new hires, and at least annually for current staff or whenever procedures have been revised or updated.  More intensive training should be provided to the Planning Team, including: possible emergencies and emergency actions and clear instructions on when to intervene and when it is not safe to intervene e.g., small fire vs. large fire.  Planning Team members should not intervene if there is a possibility of receiving fatal or incapacitating injuries.

•  drills to be conducted at least annually and should include other businesses that are housed in your building.

Property Safety

An Emergency Plan should provide procedures that will help protect facilities, equipment, records and documents.

Protecting the facility – What can you do to protect your building?

•  Clear procedures should be developed which outline how this phase of the plan should work. 

•  Designate employees in advance to perform these tasks to prevent confusion and damage. 

•  Review the need for systems which will prevent disasters by detecting abnormal situations and providing a warning e.g., fire detection systems, lightning protection, water level monitors, overflow detection, emergency power systems and shutoffs.

•  Establish procedures which spell out when a facility should be shut down.

•  Include in your plan a listing of all sections of the facility and grounds to be shut down and provide a list of things to be done.  This may vary depending upon the type of emergency (flood vs. hurricane vs. freezing or bursting pipes).  Examples: Floods – close and barricade doors and windows; Hurricanes – fasten down or store away all loose objects; Freezing or Bursting Pipes – seal all openings with caulking or insulation where cold air can get unprotected water pipes.

•  Obtain items to carry out protection procedures (such as fire extinguishers) and include a listing and location of these items in your Plan.  Make sure all employees are trained to use these items.

Disaster-resistant construction practices can help control your risk of serious damage for most sites.

Protecting Equipment – What equipment is essential?

In some situations, there may be enough time and opportunity to protect the equipment in your facility.  Designating employees in advance to perform these tasks will prevent confusion and damage.  Procedures should be developed that outline how this phase of the plan should work.  Areas to consider, based upon the specific situation, include:

?  shutting down equipment
?  covering and securing equipment
?  moving equipment to a safe location
?  ensuring equipment is tagged by department and individual
?  instructions on what to do if equipment cannot be moved

Protecting Records/Documents – What records do you need?

During an emergency, it is often necessary to secure an area which contains vital documents and records.  As with equipment, designate employees who will be responsible for this action.  Each specific emergency may require a separate set of procedures.  Your plan should specify which documents are vital to your business (financial records, personnel files, employee databases, formulas, trade secrets, etc.).  Each department should review its records to determine what would be needed to keep the business running, what would be needed to perform essential functions and what equipment would be needed to access this information.

A procedure must be identified in your plan for determining when records should be removed (in case of flood for example) or when the area must be secured (if there were chemical fumes for instance).

In this section of your plan, you should address:

•  labeling of records

•  computer system backups (maintain them off-site)

•  storage of tapes and disks (insulated containers, off-site storage)

•  location for storing records in the event they are removed during an evacuation

•  backup systems and power

•  hard copy of inventory lists

•  hard copy of insurance policies and hardware and software licenses in a secure location off-site

Community Outreach

An Emergency Plan will involve other organizations and personnel in the community.  Emergencies or disasters which affect the entire community will need a different response than an emergency which affects your facility alone.  Both situations will demand a dialogue with the community.

A situation that involves your facility alone will require that you have interactions with community resources.  For example, if your facility potentially could experience a chemical spill:

•  regular meetings should take place, where emergency plans and procedures are reviewed

•  prevention procedures should be discussed with community resources

•  community response groups should tour your facility to become familiar with the layout

•  drills should be conducted, in cooperation with community resources like the fire and police departments

In the event your facility is responsible for an emergency or incident, you must be prepared to provide information to appropriate community resources regarding the following:

•  nature of the incident

•  potential for the community’s safety being at risk

•  actions being taken to resolve the problem

•  prevention procedures in place at the time of the incident

It is your responsibility to determine what audiences will be affected by your incident, and what their information needs are.

Recovery and Restoration

When an emergency strikes and it involves your facility and business, every consideration must be given to keeping the business running, or resuming business operations as quickly as possible.  This not only keeps the business intact, but also keeps people employed.  Your plan should include:

Planning Considerations

•  Consider contractual arrangements with vendors for post-emergency services such as temporary staffing, equipment replacing or repair, records preservation, cleanup or engineering.

•  Determine critical business functions and make plans for restoring them either on-site or at an alternate facility/headquarters.

Continuity of Management

•  Assume key personnel are not readily available following a disaster. 

•  Procedures for ensuring each essential business function be restored must be in place. 

•  Consult your legal advisor and corporate by-laws to guarantee continuity.

Category:Disaster Planning

•  A chain of command should be in place.

•  An alternate facility/headquarters should be in place to resume business functions and/or communications. 

Insurance

Is your company properly insured?  Unfortunately, many companies discover that they are not properly insured until they suffered from a loss.  Here are some questions you should be asking your insurance carrier:

•  How will my Emergency Plan affect my rates?

•  What causes of loss does my policy cover?

•  What are my deductibles?

•  What types of records and documentation will you want to see in the event of a loss?  You will want to keep these records in a safe place.

•  What does my policy require me to do in the event of a loss?

•  Am I covered for loss income in the event of a loss?  How long?

•  Do I have enough coverage?

Employee Support

In the aftermath of any crisis situation, business owners find themselves in the difficult position of having to put their own thoughts and feelings on the back burner to do what they can to assist their employees.  This can be a difficult and confusing time in the workplace.  Many of your employees will need support during and after an emergency or disaster.  What can you do to assist your employees?  Your company should consider providing cash advances, salary continuation, care packages and day care.  Here are a few other suggestions:

Communications: The most important step is to allow your employees to communicate their feelings.  Speak with your employees as soon as possible, especially about safety and health issues. 

Counseling: Consider contracting a professional grief counselor to come into your business and be available to your employees.  Employee Assistance Programs exist just for this purpose and can be very helpful while protecting privacy.

Patience: Give your employees time to work through their grief and anxiety.  Appreciate that employees may experience a short-term reduction in focus and productivity.  Consider reduced work hours or flexible work hours for employees to resume their work.  The supervisor should not attempt to “whip everyone into shape.”

Educate: Provide educational material about what has happened, what to expect and how individuals can help.  Educate managers and supervisors on signs of emotional distress and how to provide support and help.

Resuming Operations

Immediately after an emergency, your company should be prepared to resume operations.  Here are some things to consider:

•  Activate your Recovery Team leaders and establish priorities for resuming operations. 

•  Secure property for safety and security purposes.

•  Conduct an investigation including appropriate agencies.

•  Obtain necessary supplies.

•  Assess remaining hazards.

•  Conduct employee briefings to inform them of the status of business operations.

•  Take inventory of damaged properties and/or goods.  Assess the value of the damage.  Take photos of the damage.

•  Record all damages.  Keep these records on hand until your insurance carrier has had an opportunity to visit the facility.

•  Determine what can be salvaged.  Protect undamaged goods.

•  Remove smoke, water and/or debris and restore power.

•  Establish a method for maintaining communications with families, clients, vendors and suppliers.

Administration and Logistics

Actions taken before an emergency, such as maintaining and securing accurate records, will ensure a more efficient response and recovery.  For example, your insurance carrier may require certain documents that may prove to be invaluable in the case of legal action after an incident. 

In terms of Administration Actions, put your Emergency Plan in writing, maintain training records, document testing dates and exercises, maintain incidents reports, record injuries and follow-ups, maintain news releases, document calls and requests from media and maintain a listing of emergency telephone numbers. 

In terms of Logistics, stockpile supplies, arrange for an alternate facility/headquarters and/or shelter and storage space, establish mutual aid agreements, arrange for backup power and communications, provide maps to emergency responders like fire and police departments and arrange for medical support, food and transportation.

Emergency Response Procedures

Emergency response procedures should spell out how the facility will respond to certain emergencies or for specific situations such as a fire, bomb threat or tornado. 

Human safety must be the first consideration undertaken as part of any response procedure.  Often companies list Records Safety as the second consideration.  Therefore determine what actions would be necessary to ensure the safety of your employees and records.

Your business will have to determine what actions would be necessary for things such as:

Communications Procedures

Example:  Notification Procedures – Media Relations.  Identify media spokesperson.  (Name) is the only authorized spokesperson to meet or talk with media.  The President and senior administration are to be immediately informed of emergencies by media spokesperson.  All calls from media are to be referred directly to the media spokesperson at (Phone Number).

Identifying the Source and Scope of the Problem Procedures

A checklist can be used to determine the source and scope of the problem.

Example:  Source and Scope of Problem Checklist
?  Determine the type of emergency. 
?  What is the impact of the damage?
___Small ___Medium ___Large (or use a scale of 1-5)

The scope of the damage will determine whether it can be handled by staff in-house or by outside vendors and the response and recovery procedures. 
?  Determine if the damage is contained to one area of the facility or throughout the facility.

Response and Recovery Procedures for things like Water Damaged Materials and Bomb Threats

Evacuation Procedures

Warning System Procedures

Report Back Procedures

Ordering Supplies and their Usages Procedures

SAMPLE PROCEDURE

BOMB THREATS

Personnel who are likely to receive a telephone bomb threat (switchboard operator, supervisory personnel) should be familiar with the following telephone procedures:

1)  Keep the caller on the telephone as long as possible.  Ask the caller to repeat the message. 

2)  Record conversation using the Bomb Threat Caller Report Form.

3)  If the caller does not indicate the location of the bomb or the time of the detonation, ask the caller to provide this information. 

4)  Ask what does the bomb look like and what will make it explode. 

5)  Ask why the bomb was put there.

6)  It may be advisable to tell the caller the building is occupied and the detonation of the bomb may cause serious injury or death to many innocent people.

7)  Pay particular attention to background noise such as motors running, music and any other type of noise that might give a clue to where the call is being made.

8)  Determine if the voice is male or female.  Listen for accents, speech impediments and voice quality.  Determine if the voice is familiar.  Determine if it is someone old, middle age or young.

9)  Report information to the Planning Team Coordinator as soon as the caller hangs up.

The Planning Team Coordinator will determine what procedures to activate such as an evacuation or notification of appropriate agencies such as the police department.

If evacuation procedures are activated, no employees will be allowed back in the facility until official notification from (Name).

Supplies Equipment and Resources

You should ask – What emergency supplies should I have on hand?  Make sure you have working smoke detectors, fire extinguishers and security alarms in place before a disaster strikes. Consider keeping these items on hand, including the count for each, in the event of an emergency:

•  Shelter space and emergency storage (include list of supplies and equipment located at these locations)

•  Communications Equipment:

–  radio: fixed/portable/CB/battery operated
–  telephone/walkie-talkies/Two-way radios
–  cell phone
–  loudspeaker/bullhorn
–  list of important phone numbers

•  Special Clothing:

–  hard hats
–  heavy duty gloves
–  disposable gloves
–  rubber boots
–  clothing

•  Supplies:

–  fire extinguisher
–  portable generator (record type/size/vendor)
–  batteries
–  fuel
–  flashlights/rechargeable lantern
–  floodlights
–  field kitchen
–  portable toilets
–  flares
–  beds, cots, bedding, tents
–  duct tape
–  tool kit (hammer, saw)
–  non-perishable food and water
–  labels and marking pens
–  disposable camera
–  waterproof plastic bags
–  cash/credit cards
–  caution tape
–  dust mask
–  first aid kit
–  medications
–  mops/pails

What to Do When the Union Knocks on Your Door

Even with the most enlightened personnel policies, you will face problems when a union representative knocks on your door.  Undoubtedly, you’ll be on the defensive, at a loss, or simply not know what to do.  In that compromised positionyou may be forced into doing or saying something that will help the union.  While every specific situation will call for action, depending on the particular circumstances, there are a number of typical problems that arise in nearly every time a union comes knocking.

You represent the company to all the employees under you.  They will take your statements as the views of the company and the company may be responsible for your conduct, whether or not it’s been authorized.  While the company maintains a union free philosophy, it is important that you do not engage in any activity that could be considered an interference in the employees right to freely choose or reject the union.

Union organizers often attempt to have managers interfere in their unionizing activity in the attempt to get the company to commit an unfair labor practice.  The hope is that the National Labor Relations Board will step in on behalf of the Unionand make them appear to be the “hero”, arriving to protect employees rights to freely choose or reject the Union.

You should remember that unions attempt to appeal to employees at all levels, not just those with low wages.  High wages and good benefits are not enough to stop the Union from attempting to organize.  Most often, unions attempt to organize employees who are dissatisfied with the way they are being treated by the company.  More often than not, trouble arises when employees feel they are not being treated fairly or with respect.

The most basic rule of conduct in order to avoid a union organizing attempt is to maintain normal day-to-day operations and relations with your employees.  You should never use threatening or intimidating tactics or otherwise deviate from company rules.  Rather, you should attempt at all times to engage your employees in a meaningful dialogue about the workplace.  It is not simply “fluff” when we say that our employees are our most valuable assets—you should be seeking their advice and always welcome their recommendations.  Listening, as always, is one of your most valuable skills.  Effective use of this skill will not only make the company more productive, but assist us in remaining union free.

The following questions and answers provide a broad outline of the rules applicable during a union’s organizing attempt.  They are general guidelines and, therefore, you should view them as such.  Do not rely on these guidelines to provide specific answers to specific questions that you might face.  Instead, always seek guidance from the Human Resource Director in order to address any particular issue involving a union or an organizing campaign.

Do you have to talk to a union representative

No!  Only when the union has been duly authorized to act as the employees’ representative is the company required to bargain with the union.  Unless and until that happens, you should not speak with the union representative about any matters whatsoever dealing with the company or your employees.

What should you do if the union representative contact you

The first thing you should do is advise the union representative that he will have to refer any questions to the Human Resources Department.  You should then immediately contact upper management or the Human Resources Department and let them know that a union representative has contacted you.  You should also asked the union representative to leave the premises immediately.  If they fail or refuse to do so, contact security and apprise them of the situation.

In the event the union representative is particularly aggressive, take the representative to a private area and ask another company supervisor to join you.  Make sure to get the name of the representative and the union with which he is affiliated.  Ask him or her for a business card.

If the union representative says that he represents the majority of your employees, tell him that you do not believe it.  If the representative attempts to hand you what he calls “authorization cards”, do not accept them!  If the representative asks you to validate or otherwise check the cards, do not do it!

Do not let the representative leave the card with you or anywhere in your office.  If he does so, collect the cards, insert them into an envelope and mail them back to the union.  You should do this in the presence of your witness.

Are you required to give the union information about your employees

Union representatives often ask for a list of names and addresses of employees.  They may also ask for pay and benefit information as well.  You are not required to and should not provide this information to the union representative.  the company is only required to provide such information if and when the union becomes a designated bargaining agent for the employees.

Can you keep the union representative off the company’s property

Company policy limits access to its property to customers, vendors and employees.  Trespassers are not permitted on company property and will be prosecuted to the full extent of the law.  Union representatives are not authorized to conduct business on company property and should be told to leave immediately.  If a trespasser refuses to leave company property, please contact security immediately apprise them of the situation.  Please also notify the Human Resources Department anytime a union representative is on company property, whether or not they agree to leave when told to do so.  Please remember that you should accompany the union representative as he or she exits the property.

What can you say to your employees

You and other supervisors, as representatives of the company, are free to express the company’s position and make comments regarding unions in general, so long as you do not threaten or punish employees with regard to any union activity or membership.  Likewise, you were not allowed to reward or promise employees any benefits to refrain from joining or supporting the union.  Finally, you should not interrogate any employee about their union activity, nor should you pull them about their union believes.

A simple acronym that you can remember regarding your interaction with employees is T.I.P.S.  “T” stands for threaten: you should not threaten employees regarding their union activity or membership.  “I” stands for interrogate: you should not interrogate employees about their union activity or membership.  “P” stands for punish: you should not punish employees with regard to their union activities or membership.  “S” stands for surveillance: you should not spy on employees with regard to their union activity or membership.

May you discipline an employee for engaging in union activity

You may discipline in employee if they are violating a company rule.  Accordingly, you may not discipline in employee for engaging in union related activity on his own time or when those activities are conducted off the company’s property.  Likewise, you cannot discipline in employee who was speaking to another employee about the union if both employees are off duty at the time, even if they are on the company’s property.

Any employee who engages in union activities during their working hours on the company’s property may be disciplined—because they are violating the company’s policies with respect to outside activities while on company time.  this prohibition applies to employees who pass out union literature on the company’s property to other employees while they are working.

It is important to remember that company policies regarding working time must be applied consistently.  Thus, it is not relevant that employees are engaging in union activity while on company time; rather, what is important is that the employees are not working when they are supposed to be working.  If you find an employee not working when they are supposed to be working, they should be disciplined in a manner consistent with the company’s policies.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides members of uniformed services certain protections. USERRA applies to all employers, regardless of size. Employees and prospective employees covered by USERRA are those who have served in and been honorably discharged from any of the uniformed armed services in the United States (including the U.S. Coast Guard, the reserves, or the National Guard), are currently serving in the military, or are enlisting in the military. A person’s entitlement to the protections of USERRA terminates upon a dishonorable or bad-conduct discharge.

USERRA prohibits employers from discriminating against employees or prospective employees because of past, current, or future military obligations. The ban is broad, covering most areas of employment, such as hiring, promotion, reemployment, termination, and benefits.

Quick Summary

Entitles members of uniformed services to reemployment without loss of seniority, status, or pay for a certain period of time

Protects applicants and employees against discrimination because of their past, present, or future military obligations or their intent to serve

Requires employers to make reasonable efforts to retrain or upgrade skills to qualify returning employee

Extends health care and pension plan coverage during leave

Protection does not depend on the timing, frequency, duration or nature of service, voluntary or otherwise

Military service treated as leave of absence; returning employee entitled to seniority and other rights that would have accrued if employment had not been interrupted by service

Under USERRA, members of uniformed services returning from duty have an “unqualified” right to reemployment as long as the employee meets the following conditions:

1.  Employee provides advance notice of service, where possible;

2.  Service does not exceed five years (in almost all circumstances);

3.  Employee must not have been released from service under dishonorable or other punitive conditions; and

4.  The employee must timely report back to his/her employer.

Reemployment

Employee must have left employment in “other than a temporary position”.

Jobs must be held open for at least five years.

Employees who have served 30 days or less are protected if they report by the beginning of the first regularly scheduled work period after the end of a calendar day following completion of service (plus eight hours after time allowed for safe transportation from the place of service back to his/her residence). If reporting within that time period is impossible or unreasonable through no fault of the employee, s/he should report as soon as possible.

If employee has served less than 90 days, the employee must be placed in the position of employment in which s/he would have been employed if the continuous employment had not been interrupted by military service and if the individual is qualified to perform those duties.

If employee has served 91 or more days, employer must place returning veteran in a position of like seniority, status and pay or a position which the employee would have attained had s/he, with reasonable certainty, remained in continuous employment with the employer (“escalator position”).

Returning employee who is not qualified for his/her “escalator position” upon return (other than for a service-related disability) must be placed in the position held at the date of commencement of service in the military or in a position of like seniority, status, and pay.

Employees who serve between 31 to 180 days are protected if they submit an application for reemployment no later than 14 days after completion of service or as soon as possible if it is otherwise not feasible.

Employees who have served more than 180 days are protected if they submit an application for reemployment no later than 90 days after completion of service or as soon as possible if it is otherwise not feasible.

Employee reporting and application deadlines may be extended for up to two years for those who have been hospitalized or are convalescing.

When an employee has a disability caused by or aggravated during military service and is not qualified to hold the position of employment that s/he would have attained absent military service, the employer must place the employee in another position that is equivalent in seniority, status, and pay which the employee is qualified to perform. If the employer cannot find a position equivalent in seniority, status, and pay, the employee should be placed in a position that is the nearest approximation to his/her former position in terms of seniority, status, and pay.

Specific Benefits

Accrued Leave: Employees who leave for service can use any vacation, annual or other leaves with pay that had already accrued.

Protection Against Discharge: Reemployed employee who served for more than 180 days may not be discharged – except for cause – for one year.

Health Plans: USSERA is broader than COBRA because USERRA applies to all employers, unlike COBRA.

Upon return from duty, health insurance benefits should continue and be applied as if there had been no interruption (should be no lapse in coverage, waiting periods, or exclusions for pre-existing conditions).

If military service is for less than 31 days, the employer may not charge employees on military leave a premium any greater than that paid by other employees.

Employees performing military duty for more than 30 days may elect to continue employer-sponsored health care for up to 18 months but may be required to pay up to 102% of the full premium under the plan.

Pension Plans: For ERISA purposes, employees serving in the military are treated as continuous employees during their period of service.

In other words, an employee’s military service constitutes time with the employer or group of employers maintaining the plan for the purpose of determining benefits.

No break in employment service is permitted

No forfeit of benefits already accrued

No necessity to requalify for participation

Employers must make any contributions to pensions that would have been made if employee had not been absent for service

Employee must be allowed to make up missed deferrals or contributions (for contributory plans); employer must match any employee contributions, if applicable to employer’s plan, but does not need to credit employee with interest that would have been earned

Returning employee must be credited with time spent in military as time spent on job for purposes of computing pension benefits regardless of whether the plan is a defined benefit plan or a defined contribution plan.

State Laws

Many states have their own laws that grant rights to state and/or municipal employees who are absent from their jobs due to military service. Therefore, both USERRA and any state law concerns must be considered by employers in dealing with employees who have served or will serve in
the uniformed armed services.

The U.S. Department of Labor’s has a toll-free Call Center to assist employers with questions about reemployment rights: 1-866-4-USA-DOL (TTY: 1-877-TTY-JOBS); see also, the National Committee for the Employer Support of the Guard and Reserve at www.esgr.com or call 1-800-336-4590.

Educational assistance is a financial investment to both the employer and employees. From the employer’s perspective, “Job related educational expenses, may be excluded from employee’s gross income under Section 127 of the Internal Revenue Code or as a “working condition fringe benefit under Code 132.” Providing educational assistance may benefit the employer by keeping employees current on changes in the industry. Most employers reimburse when the class or seminar is directly related to an employee’s job duties primarily due to tax laws. Some work-related educational benefits include the following:

Employee Assistance Programs generally improves the welfare of a workers going through a difficult time.  Employee Assistance Programs should allow employees to obtain short term counseling, problem referrals or assessments on the following issues:

• Substance abuse
• Stress
• Alcohol abuse
• Psychological symptoms or mental health disorders
• Marital or family-related difficulties, such as child or elder care
• Domestic violence
• Divorce
• Legal and Financial concerns
• Compulsive or addictive behavior such as gambling
• Catastrophic medical conditions

An effective Employee Assistance Program can improve employee morale and productivity, while reducing absenteeism and health care costs.  Employees should also feel confident that personal information will not be disclosed to anyone.

Outside of obligations imposed by the FMLA and the USERRA, there is no general federal requirement that employers provide leave to their employees.  That said, most employers provide a host of leave rights to their employees, including, for example, leave for personal reasons, illness or injury, disability, bereavement and education.

Likewise, in most instances, the decision to allow employees to take off for holidays is at an employer’s discretion.  To the extent that an employer provides holidays to its employees, there is no universal rule regarding which holidays the employer should observe.  Rather, the decision to provide leave entitlement and holidays should be made on a case-by-case basis.

The Consolidated Omnibus Budget Reconciliation Act of 1986 requires employers with 20 or more employees to offer continuation of health insurance coverage for the individual and his or her dependents. COBRA qualifying circumstances include death, termination of employment, reduction in hours, divorce or legal separation, entitlement to Medicare, loss of dependent child status, Chapter 11 Bankruptcy of retiree’s employer and military leave.

Employee Notification

The Consolidated Omnibus Budget Reconciliation Act of 1986 requires employers with 20 or more employees to offer continuation of health insurance coverage for the individual and his or her dependents. COBRA qualifying circumstances include death, termination of employment, reduction in hours, divorce or legal separation, entitlement to Medicare, loss of dependent child status, Chapter 11 Bankruptcy of retiree’s employer and military leave.

Employee Notification:

• Employee generally has 60 days to notify employer of a divorce, separation, retirement, or an aged-out dependent.
• The employer has 14 days to notify employee and qualified beneficiaries of their COBRA rights.
• Employees have 60 days to elect COBRA benefits.
• Employee has 45 days from election of COBRA to submit premium payment (must pay to current).  Following premiums must be submitted to employer within 30 days of premium due date.

Detailed information about COBRA is set forth in the following general Notice which should be given preferably via first class mail to all employees who are covered under the company’s group health plan.

GROUP HEALTH CONTINUATION COVERAGE UNDER COBRA

On April 7, 1986, a federal law was enacted (Public Law 99-272, Title X) requiring that most employers sponsoring group health plans offer employees and their families the opportunity for a temporary extension of health coverage (called “continuation coverage”) at group rates in certain instances where coverage under the plan would otherwise end.  This notice is intended to inform you, in a summary fashion, of your rights and obligations under the continuation coverage provisions of the law.  Both you and your spouse, if applicable, should take the time to read this notice carefully.

If you are an employee of the Company covered by its group health insurance plan (“the Company Plan”) you have a right to choose this continuation coverage because of a reduction in your hours of employment or the termination of your employment (for reasons other than gross misconduct on your part).

If you are the spouse of an employee covered by the Company plan, you have the right to choose continuation coverage for yourself if you lose group health coverage under the Company plan for any of the following reasons:

(1)  The death of your spouse;

(2)  A termination of your spouse’s employment (for reasons other than gross misconduct) or reduction in your spouse’s hours of employment with the Company, including military leave;

(3)  Divorce or legal separation from your spouse;

Or

(4)  Your spouse becomes entitled to Medicare.

In the case of a dependent child of an employee covered by the Company plan, he or she has the right to continuation coverage if group health coverage under the Company plan is lost for any of the following five reasons:

(1)  The death of the employee;

(2)  A termination of the employee’s employment (for reasons other than gross misconduct) or reduction in the employee’s hours of employment with the company;

(3)  The employee’s divorce of legal separation;

(4)  The employee becomes entitled to Medicare;

or

(5)  The dependent child ceases to be a “dependent child” (due to age) under the Company plan.

Under the law, the employee or a family member has the responsibility to inform the Company plan Plan Administrator of a divorce, legal separation, or a child losing dependent status under the Company plan within 60 days of the date of the event.  The Company has the responsibility to notify the Plan Administrator of the employee’s death, termination, reduction in hours of employment or Medicare entitlement within 30 days from the “qualifying event”.  Similar rights may apply to certain retirees, spouses, and dependent children if your employer commences a bankruptcy proceeding and these individuals lose coverage.

When the Plan Administrator is notified that one of these events has happened, the Plan Administrator will in turn notify you that you have the right to choose continuation coverage.  Under the law, you have at least 60 days from the date you would lose coverage because of one of the events described above to inform the Plan Administrator that you want continuation coverage.

If you do not choose continuation coverage on a timely basis, your group health insurance coverage will end.

If you choose continuation coverage, the Company is required to give you coverage which, as of the time coverage is provided, is identical to the coverage provided under the plan to similarly situated employees or family members.  The law requires that you be afforded the opportunity to maintain continuation coverage for 36 months unless you lost group health coverage because of a termination of employment or reduction in hours.  In that case, the required continuation coverage is 18 months.  This 18 months may be extended for affected individuals to 36 months from termination of employment if other events (such as a death, divorce, legal separation, or Medicare entitlement) occur during that 18-month period.

In no event will continuation coverage last beyond 36 months from the date of the event that originally made a qualified beneficiary eligible to elect coverage.  The 18 months may be extended to 29 months if a qualified beneficiary is determined by the Social Security Administration to be disabled (for Social Security disability purposes) at any time during the first 60 days of COBRA coverage.  This 11-month extension is available to all individuals who are qualified beneficiaries due to a termination or reduction in hours of employment.  To benefit from this extension, a qualified beneficiary must notify the Plan Administrator of that determination within 60 days and before the end of the original 18-month period.  The affected individual must also notify the Plan Administrator within 30 days of any final determination that the individual is no longer disabled.

A child who is born to or placed for adoption with the covered employee during a period of COBRA coverage will be eligible to become a qualified beneficiary.  In accordance with the terms of the Company plan and the requirements of federal law, these qualified beneficiaries can be added to COBRA coverage upon proper notification to the Plan Administrator of the birth or adoption.

However, the law also provides that continuation coverage may be cut short for any of the following five reasons:

(1)  The Company no longer provides group health coverage to any of its employees;

(2)  The premium for continuation coverage is not paid on time;

(3)  The qualified beneficiary becomes covered under another group health plan that does not contain any exclusion or limitation with respect to any preexisting condition he or she may have;

(4)  The qualified beneficiary becomes entitled to Medicare;

(5)  The qualified beneficiary extends coverage for up to 29 months due to disability and there has been a final determination that the individual is no longer disabled.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) restricts the extent to which group health plans may impose pre-existing condition limitations. These rules are generally effective for plan years beginning after June 30, 1997.  HIPAA coordinates COBRA’s other coverage cut-off rule with these new limits as follows.

If you become covered by another group health plan and that plan contains a pre-existing condition limitation that affects you, your COBRA coverage cannot be terminated.  However, if the other plan’s pre-existing condition rule does not apply to you by reason of HIPAA’s restrictions on pre-existing condition clauses, the Company plan may terminate your COBRA coverage.

You do not have to show that you are insurable to choose continuation coverage.  However, continuation coverage under COBRA is provided subject to you eligibility for coverage; the Company Plan Administrator reserves the right to terminate you COBRA coverage retroactively if you are determined to be ineligible.

Under the law, you may have to pay all or part of the premium for your continuation coverage.  There is a grace period of at least 30 days for payment of the regularly scheduled premium.

COBRA FORM – SAMPLE

You and your spouse and dependent child(ren), if any, are eligible to receive up to 18 months of continuation coverage from the date of termination or reduction of hours of employment.  However, coverage may extend beyond that period or terminate early, as explained in your election notice.

COBRA Coverage Premium

Within 45 days after the date that you elect COBRA Coverage, you must pay an initial premium, which includes:

The period of coverage from the date of your qualifying event to the date of your election.

Any regularly scheduled monthly premium that becomes due between your election and the end of the 45-day period.

Once the Plan Administrator receives this election form, you will be notified of the amount of the initial premium you must pay.  If you fail to pay the initial premium, or any subsequent monthly premium, in a timely fashion, your coverage will terminate.

      Premium payments are generally due within 30 days after the first day of each month of coverage.  Premium amounts change from time to time.  You will be notified of any change in the premium amount.

      You are eligible for (circle one) FAMILY SINGLE.  Unless you expressly elect otherwise, this coverage will be continued for you (and your spouse and your dependent child(ren), if any).  The regular cost of coverage will be as follows:

      Family Coverage    
      $_______ per month  
     
     
      Single Coverage        
      $______ per month

IF PREMIUM PAYMENT IS NOT RECEIVED ON TIME, COVERAGE WILL TERMINATE AND MAY NOT BE REINSTATED.

COBRA Coverage Election Agreement

I have read this form and the notice of my election rights.  I understand my rights to elect continuation coverage and would like to take the action indicated below.  I understand that if I elect continuation coverage and I fail to pay premium payment on time, this coverage will terminate.  I also agree to notify the Plan Administrator if I or any member of my family become(s) covered under another group health plan or entitled to Medicare.

Please check ONE only.

_____ I elect to continue family coverage under the plan.  (Only to be checked by those qualified beneficiaries who had family coverage before the qualifying event.)

List dependents to be covered:

Relationship     Name     Date of Birth

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_____ I elect to continue single coverage under the plan.

      I have read this form and the notice of rights.  I am waiving my right to continuation coverage under the plan.

Like workers compensation insurance, state law is the primary source governing unemployment compensation.  In most states, an eligible employee is entitled to unemployment compensation when he has lost his job through no fault of his own.  That is, an employee is not entitled to unemployment where the employer can demonstrate that he has lost his job for good cause.

The main point human resource managers, supervisors and clerical staff should heed in handling unemployment compensation is to remember that documentation is the key to successfully managing most claims employers encounter.  It’s all based on sound employment principles of keeping detailed notes on the who, what, when, where, why and how of employment reviews, employee warnings, meetings, employee paperwork, performance reviews, job descriptions, employment policies and most especially the details surrounding ALL employee separations from employment.

Most employers are required by state law to carry insurance to protect employees from loss of wages due to a work related injury or illness.  Injuries are considered work related when they occur in the workplace, in the work parking lot, traveling on an office errand or in any case where employees are performing a task at the direction of a supervisor or assembling for a “company function”. 

Every accident regardless of its severity must be reported and investigated by the employer’s risk manager.  A cut finger may not be a reason to stop working to an employee, however OSHA regulations and employee rights will prevail when put up against those of the employer if the injury turns out to be more serious than expected.  Generally, a good safety program will help to create awareness of the company’s interest in employee well-being and minimize overall incidents.  It’s possible that someday an injury will occur resulting in an employee who may not be capable of continuing any work during their medical recovery period.  This can’t be avoided.  The purpose of this section is to focus on those employees who are potentially capable, per doctor’s orders, to continue working while they recover.

Businesses use benefits to attract new employees and give current employees a greater sense of job satisfaction. The United States government has mandated certain benefits for employers to provide to their employees. In 1994, The United States Chamber of Commerce estimated that 40.7% of average payroll was used for total benefits payments.  Here is a small list of some government mandated benefits programs:

Workers’ Compensation

Job related illness, injuries, emotional impairment due to the job related injury, and job related emotional strain are covered under Workers’ Compensation laws. The compensation is provided by the employer through state insurance or a private carrier. The system allows quick payment of cash benefits, rehabilitation and medical care given to employees. Employers are protected from legal action by giving qualified workers the appropriate compensation.

Unemployment Compensation

These benefits are a part of the Social Security Act of 1935. According to Mandated Benefits: 1997 Compliance Guide “Both federal and state statutes exist to protect and preserve the income of individuals who lose their jobs” through no fault of their own. The claims are paid to employees by the employer through taxes and the employer’s experience rating. Employees can have up to 26 weeks of pay, at the rate of 50% to 80% of normal pay. Terminated employees may not collect if they were discharged because of willful misconduct, labor stoppage such as strikes or have refused to accept suitable employment.  (Note:  As of 1/1/03 both employers and employees are required to pay unemployment compensation taxes.)

Social Security

Benefits provide income to employees after retirement or in the event of permanent disability. According to Personnel Policy Handbook, “The employee pays a percentage of income through payroll deductions for social security benefits up to a specified limit. The employer pays an equal percentage in all covered wages of employees.”

COBRA

The Consolidated Omnibus Budget Reconciliation Act of 1986 requires businesses with 20 or more employees to continue health care coverage to discharged employees. COBRA excludes employees of churches, the federal government, and those terminated because of gross misconduct. Individuals can have up to 18 months of medical coverage and up to 36 months for dependents of displaced employees.

Family and Medical Leave

Employees who have worked for a private employer with 50 or more employees within a 75 mile radius for one year and 1250 hours of service may be eligible for a leave of absence under the Family and Medical Leave Act.

Employees may be absent from work on occasion. This may be due to an involuntary or a voluntary reason. Involuntary absenteeism includes sick children at home, personal illness, funeral attendance or other unavoidable situations. An example of voluntary absenteeism is a “mental health day.” Some businesses do not differentiate between involuntary and voluntary absenteeism, instead a “no fault policy” is put into place. In this case, employers do not look at whether it is an excused or unexcused day off but put the employee responsible for managing his or her work time. A similar policy to “no fault” is “paid time off.” This allows employees to use their paid time off days at their own selection. Holidays, vacation, personal days and sick days are placed in an account for the employee’s use.

An increase in responsibilities, earnings and company loyalty are some of the benefits to job promotions. It may also be an effective means of recruiting new employees. Many times, prospective employees look for companies with the opportunity for advancement.

Performance, experience, merit, attendance records and length of service are some of the considerations of giving a promotion. Many times the director of the department will give first attention to his or her own qualified employees.

The concept of flexible work schedule may also be referred to as flextime. In essence, employees start and finish their days at different times but consistently work a certain number of hours per day. Employees are responsible for being in the office during the core work hours of the company. This arrangement allows single parents and dual income parents to take care of their home responsibilities while sustaining a full-time job.

Your company’s workforce can benefit from flextime in a numerous ways. Employees are given the flexibility to care for both their family and work. In doing so, employees are encouraged to increase their productivity by focusing on work, not “Who will drive the kids home from day care today?” Employees may also have the benefit of having a workplace that is less crowded. Office space, parking lots, and lunch areas may be less congested if a flexible schedule is in place.

Your company may benefit by having employees working earlier and later in the day, therefore, increasing interaction with customers, productivity or customer service. You also need to consider some realities in the workplace. For example, employees may take advantage of company time, if they are not monitored. In addition to the supervision, you need to instill in their employees pertinence of some office matters such as meetings and other activities when all employees need to be present. Above all, according to William S. Hubbartt. in his book, “When considering flexible schedules, the manager must carefully evaluate work demands, work flows, customer needs, and the degree of interaction needed between employees.”

The final step in the recruiting and selection process is to extend an offer of employment to the selected candidate. There are two primary types of offers companies can use: conditional and final. A “conditional offer” is an offer of employment that is made subject to and conditioned upon an applicant’s successful completion of specified requirements (such as medical examinations, reference checks, demonstration of ability to work in the U.S., etc.). A “final offer” is extended once an applicant satisfies all of the company’s hiring requirements. Its content describes pertinent job information such as: date of hire, start time, position hired for, compensation, benefits, and other important employment related terms. All offers of employment should be made in writing and incorporate language that states that the offer is not a guarantee of employment or a contract of employment.

As always, whether or not any particular interview question is lawful or unlawful (as discussed below) will depend on whether or not you’re covered by a law that prohibits the question from being asked.

Similarly, just because a question can be asked during an interview does not mean that it should be asked!  As a general rule, all interview questions should concern the applicant’s ability to perform the duties of the job in question.  Obviously, ensuring that the employee is a good fit for your organization is also important, but should not be the focus of the interview process.  Questions regarding “fit” can be asked, but you should give careful consideration to the question you will ask regarding all subjective job qualifications.

Age

Permitted: If an applicant is over a minimum age. 

Don’t Ask: An applicant’s age, birth date, birth certificate, high school graduation date, or any other question expressing or implying a preference for a specific age group.

Race

Permitted: Unless race is a bona fide occupational qualification for the position, he should not ask any questions about the applicant’s race.

Don’t Ask: Any questions about the applicant’s race

National Origin

Permitted: You can ask an applicant whether he or she is legally authorized to work with in the United States,but you should not ask any questions solely for the purpose of determining the applicant’s national origin.

Don’t Ask: Any questions about the applicants ability to speak particular foreign languages, unless that skill is required for the position in question.  That is, you should not ask an applicant with a Hispanic surname whether or not he or she can speak Spanish.  Likewise, you should not ask any questions regarding surname origin, birthplace of applicant or parents, nationality or national origin, ancestry, or maiden name.

Gender

Permitted: Like race, you should not ask any questions about an applicant’s gender.

Don’t Ask: Any questions about an applicant’s gender.

Marital/Family Status

Permitted: Some states do not prohibit discrimination based on marital status or family status.  Even in those states, it is not wise to ask questions about marital status or family status unless it is somehow relevant to the position in question.  Of course, even in states that prohibit discrimination based on marital status or family status, you are permitted to ask whether or not the applicant is related to any one in your current workforce (although that question should only be asked if the company has a policy limiting the employment of relatives).

Don’t Ask: Number of children, family plans, ages of children, marital status, spouse’s occupation, child care arrangements, if they own a car, who they reside with, health care coverage through spouse.

Work Schedule

Permitted: If the applicant is willing to work required work schedules.  If there is anything that would prevent the applicant from meeting scheduled workdays or hours.

Don’t Ask: An applicant’s willingness to work any particular religious holiday.

Religion

Permitted: Unless religion is a bona fide occupational qualification for the position in question, you should not ask any questions regarding an applicant’s religion or religious beliefs.  You are, however, permitted to ask an applicant questions about his or her ability to perform the essential functions of the position.  Accordingly, you can ask an applicant if there is anything known to an applicant that would interfere with performing a job, working overtime or weekends (if required by the job), or complying with company policies

Don’t Ask: An applicant’s religious affiliation, religious beliefs or religious holidays observed.

Disability

Permitted: If an applicant has any physical conditions that may limit the ability to perform essential duties required of the position.

Don’t Ask: Whether an applicant has physical disabilities, if the applicant has ever had a job-related injury, if the applicant has ever filed a worker’s compensation claim.  You may not ask about the nature or severity of disabilities, past medical problems, recent or past surgeries and dates, or physical handicaps the applicant may have or appear to have.

Credit Rating

Permitted: You may obtain credit information if job related and secured in accordance with procedures in Fair Credit Reporting Act

Don’t Ask: Whether an applicant has any overdue debts, ever filed for bankruptcy, had a wage garnishment, owns or rents a residence

Military Background

Permitted: Questions about the type of experience and skills acquired that are job related.

Don’t Ask: Questions about military service in any other country.

Organizations

Permitted: Whether the applicant is an active member in any trade or professional organization.

Don’t Ask: If the applicant belongs to, participates in, the activities of any clubs, societies, lodges, or special interest groups (i.e. that may indicate the applicant’s race, religion, etc.)