Companies advised to act carefully on hiring, firing, at Braintree cosponsored insurance seminar

Legal specialists advised Mansfield area employers to act very carefully when hiring or firing workers - or run the risk of a lawsuit of government investigation. Scanning a website that includes photos or personal information on a potential applicant, to decide whether to interview that person, "could expose you" to a lawsuit alleging discrimination based on race, age or disability, Caroline Grech-Clapper, lead attorney for Hanover Insurance cautioned those attending the "Minding Your Business" workshop at the Holiday Inn Wednesday. She recommended waiting until after a job interview already has been arranged to accept resumes - since those, also, might contain personal information the company could not legally ask about.Questions the employer should not ask include date of birth, age, "where you are from, citizenship, how is your health, (and) are you married?" she said.The "Minding Your Business" series focuses on insurance issues for businesses. Sponsors are Hamilton Insurance Group, SCORE, Braintree business development center, the Regional Manufacturing Coalition, InfoGPS and Travelers Insurance.Companies planning to fire an employee should carefully document events leading up to that action - and know that a "retaliation lawsuit" could follow, if termination comes soon after the worker filed an equal opportunity discrimination claim, or brought to light illegal or unsavory activities at the company, area business leaders were told.Retaliation lawsuits are "one of the more common claims we have seen recently," Silas Brown, management lines underwriter for Hanover Insurance, said.Even in states where "at-will" firings are permitted, "you cannot discharge a person for an illegal reason, Susan Sitron, senior specialty claims, cautioned consultant for Hanover.Sitron recapped a Minnesota case in which a mentally impaired person sued after she was denied a job at the restaurant, by a manager who commented the business already had "enough of those."Anti-discrimination protections under Ohio law generally fall in line with federal classifications, Grech-Clapper said. Michigan, where she works has added height, weight and marital status as areas where employers cannot discriminate, she said.Inserting language in a company handbook stating that employees can be fired "at-will" does not guaranteed the business can actually do that, she cautioned. "You can have at-will language in your handbook. (But) I'm not sure how that's going to stand up in Ohio ... You don't have very strong at-will language at all (here)," Grech-Clapper commented. "That means you have to have some legitimate reason to discharge that person - whereas in Michigan, you can just say 'you're not working out.' "Businesses should review company handbooks regularly to see if they still stand up to evolving workplace laws. They should be cautious about including specifcs such as a list of steps prior to firing someone, Grech-Clapper said. "That ties you into having to go through all of those steps ... and sets you up for a lawsuit if you don't follow those steps" with everyone, she said.When an employee is terminated, "Don't give them a reason. I suggest you just say, 'It's not working out," she said.Companies should not write performance reviews "if you don't intend to be honest," she added. She has seen many problematic lawsuits involving employees who were terminated, after receiving stellar reviews for years, Grech-Clapper said.Neil Hamilton, of Hamilton Insurance Group on Lexington Avenue, recommended that, prior to taking steps to fire a worker, employers use checklists which liability insurance will make available to them.Companies offering liability insurance may maintain a 24-hour hotline service employers can use, to talk to someone who can advise them in a general manner how to "get your ducks in a row" to make sure they are taking the right legal steps, his son Michael Hamilton said.The second workshop in the series, focusing on cyber crime, cyber security and cyber insurance, will be held from 8 to 10 a.m. Sept. 28 at the Mansfield Holiday Inn. To register, call Neil Hamilton at 419-526-4700419-526-4700 or Bob Leach at 419-525-1614419-525-1614

Companies advised to act carefully on hiring, firing, at Braintree cosponsored insurance seminar
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