Risk Management

We are experienced in advising employers on best practices to avoid potentially time-consuming and costly litigation, and we can assess your workplace for potentially problematic employment policies and procedures.  Services include:

ADA Compliance.  We begin by assessing your workplace to determine if it is in compliance with the requirements of the ADA and other applicable statutes.  This includes, but not limited to, a review of your existing employment policies, evaluating your approach to the interactive process, and assessing the manner in which employee records, including medical information, are maintained.  Next, we identify practices that are not in compliance with the law or, even if they are compliant, could potentially be a source of litigation.  Third, we provide you with an easy-to-follow plan to ensure ADA compliance and decrease litigation risk.

Anti-Discrimination And Anti-Harassment Program.  We provide a variety of services to prevent and address discrimination and harassment in the workplace.  These services include, but are not limited to, creating an anti-harassment policy designed to decrease the likelihood of legal liability should harassment occur in the workplace and investigating allegations of discrimination and harassment made by employees.

Reasonable Accommodation Process.  Many employers do not have a set process to follow when an employee requests a reasonable accommodation or find that the process does not work effectively in practice.  We can design a reasonable accommodation process to meet the needs of your organization, in light of company size, reporting structure, geographic location, and the nature of the work performed by your employees.

FMLA Compliance.  We examine your existing practices, policies, and procedures for compliance with the FMLA.  This includes a review of documented employment policies, the historical record of employees requests for FMLA and whether the requests were approved, the system for tracking FMLA leave, and the process by which documents related to an employee’s FMLA leave are maintained.  We then identify, and provide advice on how to correct, areas of non-compliance or that could present litigation risk.

Employment Agreements.  Given the nature of the workforce today, many employers find it necessary to put agreements in place with their employees at the time of hire or separation.  We review and draft non-compete agreements, nondisclosure agreements, invention agreements, contractor agreements, settlement agreements, severance agreements, and other employment-related agreements.

Comprehensive Workplace Evaluation.  We perform a comprehensive evaluation of your workplace to identify potential litigation risks.  The evaluation includes reviewing employment policies and procedures, the employee handbook, and existing practices to: first, determine if they are compliant with the law; and second, identify whether they could pose a litigation risk despite being legally compliant.  Following the evaluation, we provide you with a detailed report with our findings and recommendations for actions to take to decrease litigation risk.

In addition to the services listed above, we may be able to advise or represent you in our capacities as legal practitioners.  Should you require advice or representation on a specific legal issue, please visit www.wick-law.com.