Employee Policies and Handbooks
Employee Handbooks and Policy Manuals
The Human Resource functions of today’s corporations need to provide guidelines to employees of what is expected. Extreme care must be exercised in the drafting of such manuals to lessen the likelihood that the manual is interpreted as altering the “at-will” status that you, as an employer, may expect. However, there are a number of advantages that a properly drafted handbook can achieve, both in defending against discrimination claims as well as breach of contract claims.
One of the goals of Nathan Davidovich in the preparation of employee handbooks and policy manuals is to lessen the likelihood of a discharged employee suing for wrongful termination, in breach of contract provisions.
If you wish to have your current employee handbook reviewed or a new one drafted call Nathan Davidovich at 303-TALK-LAW (303-586-6915), or complete the contact form provided on this site to schedule your initial consultation.
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Education of Employees on Sexual Discrimination Laws
Under current law, certain steps can be undertaken by employers to aid in insulating against sexual harassment and sexual discrimination lawsuits. In working with the employer, Nathan Davidovich is in a unique position to revise or implement company discrimination policies to assure compliance with applicable law. Depending on the facts of any particular discrimination claim, proper compliance with procedures may provide a defense to the claim. Training management and supervisory personnel, together with the implementation of suggested programs, will also lessen the occurrence of sexual discrimination in the workplace.
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Preparation or Review of Employment Contracts
Individualized attention may be required for certain key employees needing a personal employment contract. Proper language needs to be used to avoid contracting away the at-will employment policy if it is to exist despite the contract. Consideration needs to be given to drafting appropriate covenants not to compete as well as language protecting trade secrets.
Nathan Davidovich, in his drafting or review of such contracts, is in an excellent position to perform the proper analysis of the needs of the employer in contract matters.
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Defense of Employment Claims and Lawsuits
In today’s labor climate, it is possible that, despite all proper procedures, a lawsuit will be filed by the employee. Nathan Davidovich has been involved in the representation and in litigation, of both employers and employees. This experience provides an important insight into the appropriate manner of defending such claims, and provides an opportunity for resolution of such claims before trial. If such claims are not resolved before trial, Nathan Davidovich has the experience to defend such claims in Court.
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Employee Discrimination Charges
An employee claiming discrimination in violation of Colorado or Federal law must, before filing a lawsuit, file a Charge with either or both the Colorado Civil Rights Division or the Equal Employment Opportunity Commission. While a dismissal of such charges before the agency will not prevent a subsequent lawsuit from being filed, experience demonstrates that such a dismissal or failure to find probable cause for the existence of discrimination may be sufficient to cause the complaining party to reevaluate his or her position.
Nathan Davidovich is experienced in responding to such administrative charges.
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Seminars on Avoiding Violation of Employment Discrimination Laws
The philosophy of Nathan Davidovich is that an ounce of prevention is worth a pound of cure. Education of managerial and supervisory staff to comply with the spirit, as well as the letter, of the discrimination laws will help to avoid a great deal of employment litigation. This component of management training is even more important under US Supreme Court decisions providing a complete defense to employer liability for unlawful harassment by management level personnel if the employer has made appropriate efforts to prevent harassment before it occurs and quickly resolves it where it.
Nathan Davidovich has experience in presenting such seminars. An outline of a seminar presented by Nathan Davidovich may be viewed at the corporate seminars section.
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