Employee Policies

The right workforce is critical to the success of any business. There are a number of preventative measures you can take when hiring employees to protect your organization's bottom line and reputation. Here are several policies to consider:

Non-Compete. An employer’s requirement that an employee, during or after employment, will not compete in the same geographical area for a specific period. The terms of the agreement must be reasonable.

Non-Solicitation Agreement. This type of agreement prohibits a former employee from soliciting your company’s present employees to leave your company. It also prohibits the former employee from luring away your customers.

Confidentiality/Proprietary Information/Trade Secrets. The type of information that employers can legitimately protect is virtually unlimited. The employer has the right to protect any information that derives independent economic value for the employer and is not widely known or easily obtained by others who could gain economic value from its disclosure or use.

E-Mail/IM/Blogging/Privacy Issues. Employer may limit and/or prohibit employee’s personal correspondence by and through the employer’s e-mail, instant messaging, and Internet services. Safeguard your company from invasion-of-privacy claims by setting up your policies so the employees have no expectation of privacy.

Drug-Free Workplace. Drug testing is permitted under certain circumstances if certain procedures/safeguards are implemented. Tennessee’s Drug-Free Workplace Act allows a discount to an employer’s worker’s compensation insurance premium under certain circumstances.

Background Checks. Employers are allowed to conduct background checks of applications as long as profiling is not utilized. A typical background check may include confirmation of prior employment claims, determination of worker's compensation claims and criminal and incarceration records, drug tests, credit history, and driving record. Some employers may also check the applicant’s identity (Social Security). Some records (education, military, and medical histories) are confidential and require that you have the consent of the applicant.