New Employee Orientation

Levin Legal Group is proud to announce that its President, Mike Levin, has established a computer software company that he has named "E-Foms, Inc." The mission of E-Forms, Inc. is to develop software that will easily enable employers and school districts to limit their exposure to legal liability and to document crucial information needed to insure the proper operations.

It is the intent of E-Forms to develop new forms over time to address the many needs of employers and school district. The first form to hit the market has been the very successful New Employee Orientation Checklist that is currently designed only for public school districts, intermediate units and area vocational-technical schools in Pennsylvania. In the coming months, it will be introduced in other states and to private employers. A description of the form follows:

New Employee Orientation Checklist

Insuring That You Have Fulfilled Legal Requirements

Strategies to Limit Liability

Many employers fail to obtain required information from new employees. Equally unfortunate, many employers fail to provide required information to new employees. An employer's failure to obtain required information from new employees or to provide required information to new employees can lead to penalties, legal liability, even criminal sanctions.

• Civil penalties of up to $1,000 for each violation may be assessed if the required immigration and naturalization documentation is not obtained.                             
• Victims of sexual harassment may be able to successfully sue if the employer cannot prove that the employee has been advised of the employer's complaint procedure, even if the employer has adopted valid sexual harassment policies.                             
• A child who was sexually abused by a teacher's aide has sued an Intermediate Unit solely because the Intermediate Unit neglected to obtain the required criminal background statement.                             
• In EEOC vs. Wal-Mart Stores, Inc. the Court held that employers cannot shield themselves from vicarious liability for punitive damages for violations of the Americans with Disabilities Act solely by having written ADA policies. Employers must also "make a good faith effort to educate [their] employees about the ADA's prohibitions. 

In consideration of these risks, an effective tool must be used to enable employers to ensure that they obtain required information from new employees and provide necessary information to new employees. That tool is a properly crafted, complete and comprehensive New Employee Orientation Checklist that is easily printed from either a CD ROM or floppy disc.

Up-to-date as of April 1, 2000, E-Form's New Employee Orientation Checklist, offers public school entities a reliable and easy-to-use method to assure that they are in compliance with legal requirements. It also ensures that your newly hired employees are given the information that they need so that they know their rights, obligations and expectations.

A sample of the contents of the Orientation Checklist illustrates just how thorough the checklist is:

	Health Care. You __are /__are not eligible for coverage under the employer's group health care plan in accordance with the terms and conditions of said plan. If you are eligible for coverage, you will be given instructions as to your options under the plan and any costs for which you are responsible. If you are provided coverage, under a law referred to as "COBRA," you and your dependents have certain rights under certain circumstances to continue coverage at your cost or at the cost of your dependent. Attached hereto is a copy of the notice of your rights under COBRA.
	Child Abuse. A copy of the employer's child abuse policy  __is /__is not attached hereto. The General Assembly has enacted the Child Protective Services Law. That law requires that reports be made by school employees of suspected child abuse. The reporting rules are different where the suspected child abuse is by a non-school employee or by a school employee. In pertinent part, the Child Protective Services Law provides as follows: "persons who, in the course of their employment, occupation or practice of their profession, come in contact with children shall report or cause a report to be made in accordance with section 6313 (relating to reporting procedure) when they have reasonable cause to suspect, on the basis of their medical, professional or other training or experience, the child coming before them in their professional or official capacity is an abused child." Reports under this provision shall be made immediately by telephone and in writing within 48 hours as established by law. There are criminal sanctions if you willfully fail to report as required. Similarly, if you suspect that a school employee is abusing a child, you must report the abuse to his school administrator. Willful failure to report can lead to criminal sanctions. You must keep any such reports confidential from others.
	Sexual Harassment Prohibited. Sexual harassment of employees, students, parents and others is strictly prohibited. Attached hereto is a copy the school district's current sexual harassment policy, which contains a complaint procedure. If you believe that you were victimized by sexual harassment or witnessed sexual harassment, you are encouraged to file a complaint. The policy may also require you to report suspected harassment of others. Please read the policy become familiar with its provisions. Properly notify employees Protect yourself against employee lawsuits school district to compliance with legal requirements orient employees properly.

The New Employee Orientation Checklist is eleven pages in length, addressing the following issues:

--The truthfulness of the employee's application --Employment qualifications, including the Loyalty Oath    Form, the Criminal Background Check, the Clearance Statement from the Department of Public Welfare --School Board Approval --Statement of Financial Interest --Health Care --Child Abuse --Sexual Harassment --Family and Medical Leave Act --Privacy Issues

--Fidelity Bond --Religious Garb --Fair Labor Status Act --Computer/Internet Access and Usage --Personnel File --Pre-employment Medical Examination --School Board Policy --Employee Handbooks --Union Status --Anti-discrimination laws --Workers' Compensation --Postings and Legal Notices --Keys

The New Employee Orientation Checklist has been developed in consultation with Michael I. Levin, Esquire, a leading employment and public school attorney. He is the author of Pennsylvania School Personnel Actions and Municipal Liability: An Analysis of the Political Subdivision Tort Claims Act. He is editor of Pennsylvania School Laws and Rules and United States School Laws and Rules. He is Chair of the School Law Section of the Pennsylvania Bar Association and a member of the National Council of School Attorneys. He brings his wealth of experience to ensuring that the New Employee Orientation Checklist is both thorough and practicable.

SUBSCRIPTION CERTIFICATE
New Employee Orientation Checklist

X Yes! Please enter my subscription and send me the New Employee Orientation Checklist: