By Toni Shibayama

As we head into the fall season, now is the time to take a look at what we have found to be the most common mistakes employers make when dealing with their employees.

      How many are on your checklist?

Pre-employment mistakes

1.     Failure to conduct adequate background checks on potential employees.

2.     Inconsistent recruiting and hiring practices.

3.     Inappropriate interview questions and comments.

Mistakes during employment

4.     Failure to properly pay non-exempt employees for breaks, lunch, travel and other compensate time.

5.    Misclassification of hourly employees to avoid overtime and other compensation.

6.    Failure to implement, disseminate and follow personnel policies.

7.     Failure to train employees on harassment and other workplace issues.

8.     Failure to document workplace incidents promptly and accurately.

9.     Failure to appropriately evaluate employee performance.

10.   Failure to adequately discipline employees.

11.   Failure to conduct thorough investigations and, if necessary, take prompt remedial action.

12.   Failure to curtail inappropriate use of office e-mail and computers.

13.   Failure to curtail employee favoritism or inconsistent treatment of employees.

14.   Failure to correctly designate absences under the Family and Medical Leave Act (FMLA).

15.   Failure to prepare for foreseeable employee terminations.

Post-termination mistakes

16.   Responding properly to requests from former employees to make copies of their personnel files.

17.   Making inappropriate or defamatory comments about former employees.

18.   Failure to tell former employees about their right to continuation of medical benefits under COBRA.

19.   Failure to prepare for unemployment compensation hearings.

20.   Failure to think about how a jury would view your personnel decisions before you make them.

Toni Shibayama is a Broker/Risk Consultant for S&K Insurance in Southern California. She has more than 15 years experience in risk management, job safety, Workers’ Compensation, wellness and HR consulting. Toni is also the author of “The Private Club General Manager’s Big Game Playbook.” She can be reached at toni@sk-insurance.com.and by phone at 213.627.5204.