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].
NEW EMPLOYEE CHECKLIST
❒ 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.
Author(s)
Stuart J. Oberman, Esq.
Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company.
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