Oberman Law Firm

Top 9 Reasons to Have an Employee Handbook

Many business owners become bogged down by paperwork and put off implementing (or even having) an employee handbook. However, an employee handbook is a vital tool in the smooth day-to-day operation of a business. The following list illustrates the importance of an employee handbook and gives business owners a reason to move employee handbooks to the top of their priority list. An employee handbook will:
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Social Media Policies

Technology’s rapid advancement allows people to share, spread, and gather information at faster rates than ever before. Millions of individuals residing around the globe update statuses, tweet, and post to social media profiles every day. The rising influence of social media and the instantaneous publication of information on social media platforms creates the need for businesses to protect themselves. Every business should have a social media policy in its employee manual for new staff to sign and return. 

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Employee Interviewing Dos and Don’ts

There are numerous state and federal anti-discrimination laws designed to assure that employers hire based upon skill, rather than stereotypes. Below is a list of questions that employers should avoid when conducting a new employee interview:
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Preventing Embezzlement

There are many opportunities for employee embezzlement to occur in a business or practice. There are, however, certain steps you can take to help prevent employee embezzlement. You must be diligent.

  • Make smart hiring decisions
  • Screen all potential employees
  • Conduct background checks on all employees
  • Educate yourself on how employees embezzle
  • Protect your signature and identity
  • Learn how to use your computer system
  • Check your day sheets, audit changes, preview daily reports and question all adjustments
  • Make sure to verify all credit card charges
  • Be visible, vary your schedule, practice what you preach

A business or practice owner must take the necessary steps to prevent embezzlement. Review your policies and procedures, and begin implementing the specific preventative safeguards.

Must Have Items for Every Chiropractic Practice

In the last few months, we have received substantially similar questions regarding “MUST HAVE” practice items in order to avoid the violation of state or federal law.

In addition, we have addressed many of the same questions regarding employee non-disclosure agreements, protection of patient lists, and how to protect the actual name of a practice.

As a result, below is a checklist of items that EVERY PRACTICE MUST be aware of, have, and implement in order to limit its liability exposure.

Items to Review and Prepare
1. Your employee manual
2. Your new employee package (see below list)
3. A general review of your OSHA standards [new manual with 2015 updates]
4. Non-disclosure and non-solicitation signed by every employee [and a non-compete signed by key employees]
5. Website disclaimers/privacy terms
6. Intellectual Property (IP) protection (protect your name, logos, slogans) [trademark/service marks filed with the U.S. Patent and Trademark Office]
7. Assignment of website design as to IP [from your web designer to you].


❒ Application for Employment

❒ Substance Abuse Policy and Procedure Manual

❒ Notification and Authorization Form for Employment
Investigative/Consumer/Credit Report

❒ Criminal History Record Information Consent Form

❒ Background Check Authorization and Release Form

❒ Employee Direct Deposit Authorization Form

❒ Employment Reference Check

❒ Employment Eligibility Verification Form I-9

❒ IRS Employee’s Withholding Allowance Certificate Form W-4

❒ Withholding Allowance Form

❒ IRS Wage and Tax Statement Form W-2
If you have any questions regarding the items listed above, or the actual preparation of the items listed above, please feel free to call us.




Stuart J. Oberman, Esq. handles a wide range of legal issues for the chiropractic profession, including: employment law, cyber security breaches, practice sales, real estate transactions, lease agreements, OSHA compliance, chiropractic board complaints, and professional corporations.

For questions or comments regarding this article please call (770) 554-1400 or visit www.obermanlaw.com
If you would like Stuart J. Oberman, Esq. to speak at an event, please contact Katharine Drum, Marketing Coordinator (kath@obermanlaw.com).


OSHA is becoming very active in the day to day operations of a business, especially in the enforcement of employees’ rights. An area that is surfacing in the business is OSHA’s enforcement of the whistleblower statute. It may not be well-known, but OSHA oversees whistleblower protection investigations not only for its own jurisdiction, but for 12 other regulatory areas.

If an employee in a practice reports a violation of Federal law (OSHA, Labor, etc.), the employee report and the violation of federal law (e.g., an OSHA complaint) is protected from retaliation by the business owner. An innocent personnel action taken by a business owner may be seen as a whistleblower retaliation by OSHA.

The following actions by a practice owner may be considered retaliatory action, and be a violation of Federal law:

❒ Firing or laying off an employee

❒ Assigning employee to undesirable shifts

❒ Blacklisting the employeedocumentation

❒ Demoting the employee

❒ Denying the overtime or promotion to the employee

❒ Disciplining the employee

❒ Denial of benefits to the employee

❒ Intimidation by the practice owner

❒ Reassigning work to the employee

❒ Reducing pay or hours of the employee

It is strongly recommended that before any personnel matters are handled by a business owner or office manager, it is always prudent to seek professional guidance in order to avoid violation of state or federal law.

Stuart J. Oberman, Esq. handles a wide range of legal issues for businesses including transitions and sales, real estate transactions, lease agreements, employment law and entity formation.

For questions or comments regarding this article please call (770) 554-1400 or visit www.obermanlaw.com

If you would like Stuart J. Oberman, Esq. to speak at an event, please contact Katharine Drum, Marketing Coordinator (kath@obermanlaw.com).

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