EMPLOYEE CHECKLIST
Things your should know coming in and going out- Employee Check List
1. Before you accept employment:
a. Get the offer in writing and all related documents you will be asked to sign when you start. You should know if the Company has an arbitration agreement before accepting employment because that will affect any leverage you have on your way out. Also, make sure you understand your obligations with regard to confidential and proprietary information. If the Company requires you to sign an agreement regarding confidential and proprietary information, review it before your accept employment to make sure there are no hidden limitations on you if you leave; i.e., non compete (generally illegal in California) and non solicitation of customers and employees. Customer non solicitation clauses are only enforceable, for example, when necessary to protect the Company's trade secrets such as where the customer identities are entitled to protection as trade secrets. Unfair competition claims in California against former employees are now limited almost exclusively to protecting trade secrets.
b. Talk to someone who has worked at the Company to get a general sense as to whether it's a good place to work, how employees are treated, and anything about your boss.
c. Be careful if you have left former employment to accept the job, that all representations about your new job regarding terms and conditions of employment are in writing. If any of those representations that you relied on turn out to be false, you will have leverage if you are terminated.
d. If you are accepting a position as a corporate officer, request a written employment agreement with terms and conditions defined. Try to negotiate severance if your employment is terminated other than for cause.
e. Ask to see the Company's handbook before you accept employment so that you see what the policies are.
f. Be careful about giving the Company waivers regarding its ability to gain access to confidential and private information about you. While your employer can request a waiver to obtain background information such as criminal record, driving record, etc., do not give a blanket authorization so that your employer can gain a wide range of information about you.
g. Don't misrepresent anything about yourself, including your past employment, education and college degrees, because if your employer finds out later, then that can be grounds to terminate your employment.
h. If you are on COBRA or have other insurance, do not cancel it until you are sure you are covered under your new employer's policy.
2. During your employment:
a. Pay attention to your Company's policies and procedures, usually contained in an employee handbook.
b. Be careful when sending emails from work. Unless you are informed otherwise, you do not have a right to privacy regarding any electronic communications.c. Be careful with regard to email jokes (sent or received) that can be viewed as harassment and/or discrimination based on race, gender, age, sex, disability, sexual orientation, etc. If you are terminated and bring litigation over your termination, know that the Company will retrieve all of your emails (sent as well as received) to see if there is any evidence that can be used against you.
d. Make sure you periodically review your personnel file and know what is in it. You are entitled to copies of all documents you sign (in California), so make sure you get those documents. You are entitled to review your entire personnel file and should request an appointment to review your file during your employment.
e. If you receive a poor performance appraisal and disagree with it, make sure you send a written response that is placed in the same file that contains the performance appraisal. Do this promptly.
f. If you travel on business or incur business expenses that you are entitled to be reimbursed for, make sure that you carefully follow your employer's expense reimbursement policy and submit your request for reimbursement timely and in accordance with that policy.
g. If you develop friends at work and confide in them, know that if you later have claims against the Company that these friends if still employed may communicate this information to your former employer.
3. On your way out:
a. Keep a chronology of events and documents if you are being terminated and/or laid off.
b. Check your emails and delete anything that is personal. The Company still will have access, but at least you will make it difficult for them to retrieve deleted emails.
c. Make copies of all important documents, including the employee handbook, except do not take any confidential, proprietary or trade secret information from your employer.
d. Have an exit interview and if you think that you have been unfairly treated, make a point to say so and give reasons. Document this in your chronology. Ask for copies of all documents in your personnel file.
e. Terminated and/laid off employees are not entitled under the law to receive severance benefits. Check your handbook and Company practice that will indicate whether or not severance is paid. If you have negotiated severance as part of your employment agreement or offer letter, then you will be entitled to it on your way out according to the terms you have negotiated. No matter what, always ask for severance. If you don't ask, you won't get it and if your employer wants a release from you, you should get it.
f. Make sure that on your last day of employment you are paid your wages and all accrued and vested vacation and/or PTO through your last day of employment. If not, file a claim with the Labor Commissioner where you can recover the unpaid wages and waiting time penalties. If you hire a lawyer to recover your wages, you can also recover your attorney's fees.
g. If you are given a severance agreement to sign, it is best to have an experienced employment lawyer review it with you before you sign it. If you are 40 years old or older, your employer must give you at least 21 days (45 days in a layoff of a group or class of employees) to consider the severance or separation agreement, before you must sign the agreement. Even then, you will have an additional 7 days to change your mind and revoke the agreement after you have signed it.h. Be careful what you say about your former employer so as not to disparage the Company.
i. Be sure you understand your former employer's reference policy. Try to get a letter of reference or agreement from someone you trust to give you a positive reference.
