LEGAL ISSUES AND PRACTICAL TIPS FOR HIRING. Oregon Youth Soccer Association Annual General Meeting January 9, 2010. Chandra Hatfield Williams, Zografos & Peck, P.C. firstname.lastname@example.org 503-699-1300. Employment Basics : Employee? Volunteer? Or Independent Contractor?.
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Oregon Youth Soccer Association
Annual General Meeting
January 9, 2010
Williams, Zografos & Peck, P.C.
EMPLOY = TO SUFFER OR PERMIT TO WORK
An employment relationship creates numerous obligations,
*Federal law also recognizes volunteerism as an exception to employment. The US Dept. of Labor considers factors such as:
1. Is free from direction and control over the means and manner of providing the services. Entity engaging I.C. may only specify desired results
2. Is customarily engaged in an independently established business: must satisfy any 3 of the following:
The person provides contracted services for 2 or more different persons in a 12 month period
3. Is licensed under Oregon law where required
Tax liability and penalties for failure to properly withhold employment taxes
Unpaid benefit liability. Example: Microsoft litigation resulted in liability of $96 million in unpaid benefits
Unemployment Insurance liability: The unemployment department will assess a penalties plus interest for all years that taxes are not properly paid.
An additional penalty applies for each day the employer continues to employ employees without coverage. There is no limit on this penalty.
The workers compensation division can also seek court orders forcing the employer to comply.
Also, if any of contractors are hurt while at work, the employer will be required to pay the same benefits the injured worker would be entitled to receive if you were insured. In the event of an actual injury, there is an additional penalty and processing fees to the workers' compensation division.
Finally, if employees who are misclassified as independent contractors and thus not covered under your workers' compensation policy are actually injured, the employees retain the right to file lawsuits against the employer for their injuries (a right they would not have if covered by the workers' compensation system).
…of course we’d never
Yes, your employment terminate you without
will be permanent just cause
…sure, you’ll have a job until retirement
I understand that no supervisors, manager or other representative of the Company has any authority to enter into any employment agreement for any specified period of time, or to assure me of any future position, benefits or terms and conditions of employment, except as specifically stated in a current written agreement signed by the Club President.
Liability to 3rd parties is incurred from the failure to obtain adequate reference/background information when injuries/damage is caused by the foreseeable acts of an employee.
Mom, please tell them I will be out and available for work in two weeks
• Do not accept resumes in lieu of Employment Applications
• Do not accept incomplete, undated or unsigned applications
• Do not consider applicants with expired applications
• Allow a sufficient amount of time
• Plan an appropriate environment
• Review the application
• Formulate interview questions
discrimination and other laws.
information that cannot be lawfully used in making hiring decisions.
drill down deeper, usually short and simply worded.
• “What caused that to happen?”
• “Under what circumstances did that occur?”
• “Who else was involved in that decision?”
• “What would you do if . . .?”
• “How would you handle . . .?”
• “How would you solve . . .?”
• “In the event that . . . ?”
Fight Didn’t get along
Bad Not as well or less satisfactory
Job hopping Changing jobs often
Hate Dislike or did not enjoy
• “What prompted you to . . . ?”
• “Is it possible that . . . ?”
• “How did you happen to . . .?”
• “What led you to do . . .?”
• “Describe for me a specific time
where . . . ?”
Unreasonable or unrealistic expectations
“Chip on the shoulder” responses or excuses for past employment record
Perception of self does not correspond with employment history
Positions held show declining levels of responsibility that tend to be indicative of individual efforts, rather than economic climate or other uncontrollable factors
Explanation or reasons for leaving previous jobs are vague or unsatisfactory
Unexplained or suspicious gaps in employment history
Why Check References?
• “Because the best predictor of future behavior is past
• Also . . . To eliminate candidates who have given false
• To protect against negligent hiring claims.
I hereby authorize my past employers to release information to_____________________ Soccer Club regarding my employment. This release of information covers my employment record in general, including information on the following questions:
1. Dates of employment;
2. Position(s) held;
3. The quality and quantity of my work;
4. My attendance habits (excluding workers’ compensation, pregnancy, disability, FMLA and other protected
5. My relationship with co-workers, supervisors and managers;
6. My attitude toward work (cooperative? positive?, etc);
7. Reason for leaving and eligibility for rehire (would the employer rehire if they had to do it all over again?);
8. Strong and weak points;
9. Willingness to comply with policies and standards;
10. Whether I have had outbursts of temper, threatened, provoked fights with or assaulted others, engaging in hostile
or violent behavior;
11. Other relevant information regarding my performance, skills, ability, suitability for employment sought, etc.
I agree that all former employers who provide such information are indemnified and release from liability arising from such
disclosures. I also understand that if I do not sign this Authorization, my application will be rejected.
Use of Workers’ Compensation
Retaliation for opposing unlawful employment
practices or participating in employment
Use of family medical leave (OFLA, FMLA)
Opposition to safety/health hazards
Association with a person of a particular race,
religion, sex, etc.
Union and concerted activity.
Use of other employment rights (wage & hour,
Refusal to take polygraph, psychological stress
or blood/breathalyzer test to detect alcohol
Use of domestic violence leave rights