Managing Risks Related to Employees
Employees are usually an organization’s biggest asset, but they can also pose a large risk to the organization. Managing the many risks associated with public sector employment is key to maintaining an effective work environment and minimizing employment-related claims and lawsuits.
Common Employment Concerns for Public Entities
MCIT has developed a number or resources to help members manage employment risks.
- Employee performance management, including employee performance evaluations, discipline and termination
- Discrimination (federal and state laws)
- The hiring process
- Veterans employment issues (Minnesota Veterans Preference Act, Uniformed Services Employment and Re-employment Rights Act (USERRA) and military leave laws)
- Employee leaves (Family and Medical Leave Act, military leave laws and Minnesota employee leave laws)
- Americans with Disabilities Act compliance
- Negligence related to hiring, supervision and employee retention
- Vicarious liability (i.e., when an employer is held liable for the actions of its employee)
- Sharing employees and joint employer liability
- Seasonal employees, interns and volunteers
Personnel Policies and Procedures Play Key Role in Minimizing Risks
The employment concerns listed above can be difficult issues for public employers to manage, and many may intersect creating further complications. As such, MCIT encourages members in collaboration with MCIT and legal counsel to develop policies and procedures that adhere to the laws and incorporate risk management best practices.
Developing, following and enforcing sound policies and procedures help minimize situations that could lead to a claim or lawsuit.
Employment Risk Management Advice Is Just a Call or E-mail Away
MCIT staff can provide members risk management and coverage advice related to employment situations. MCIT does not provide legal advice. Members should consult their legal counsel for legal advice.
MCIT staff is available to present training sessions to a member’s supervisors, managers and department heads related to employment risks, including those listed above. See the Speaker Services page for more information.