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  • Writer's pictureKarel Costa-Armas

Human Resources - HOA employees

Hiring or firing an employee.

Associations must protect themselves from a bad hire and from possible discrimination claims or other accusations from fired employees. If the association is in an employment-at-will state, an employee can be terminated for any reason other than discrimination. However, there are myriad sensitive issues that must be addressed, including whether the personnel file properly documents employee infractions or other problems.

If the association has any employees or independent contractors, it should consult with legal counsel to ensure that the employment manual complies with all federal and local labor laws, that employees are properly classified as exempt or hourly, and that background checks are being conducted with proper consent.

Moreover, labor concerns during the pandemic have only heightened. Speak with association counsel prior to creating protocols related to testing, temperature checks, contact tracing, and notifications to the residents of sick employees.

written by: Donna DiMaggio Berger | 01.11.2021

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