11/12/2008
It’s important for employers to plan to prevent workplace violence and respond to it if prevention fails. While every employer needs a customized plan that fits its particular workplace, good violence-prevention strategies share common elements.
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11/07/2008
Sometimes, candidates filling out job applications think it’s a good idea to omit information about minor criminal convictions and past problems such as terminations. If your application specifically asks for that information and someone you hired didn’t supply it, you can terminate for lying on the application.
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11/07/2008
As the economy shrinks, unemployment is growing in New York and throughout the country. If your organization plans to lay off workers or already has, brace yourself. Lots of former employees are going to list you and your managers as references when they seek new jobs. That means it’s time to make sure you have policies in place on how to handle reference-check calls.
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11/04/2008
Many of the millions who post information online never think a potential employer might read what they post. Meanwhile, employers believe that if the information is available online for the viewing, they have an obligation to look. However, several laws may restrict how you conduct the search or how you use the information.
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10/24/2008
Q. We do background checks on our employees. Is there a restriction on how many years we can go back on the employee? ...
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10/14/2008
Q. We are acquiring another company and intend to hire hundreds of its employees. Can we rely solely on that company’s background and criminal checks? ...
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10/10/2008
In May 2008, Michigan enacted the Professional Investigator Licensure Act. The act has a significant impact on how employers can conduct background checks and investigations. A violation of the act is a felony punishable by imprisonment for not more than four years or a fine of not more than $5,000, or both ...
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10/01/2008
There’s good news for employers that, in good faith, hire employees with criminal records. Gov. David A. Paterson signed a new law that makes it harder to use an employee’s past criminal record as proof that an employer was negligent in hiring that employee ...
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09/03/2008
Do criminal background checks lead to bias? The EEOC will have to weigh that question when it investigates discrimination charges filed against Madison Square Garden by Charlene Clarke. Clarke, a black woman from the Bronx, accepted a food worker position at The Garden in September 2007. One month later, the arena withdrew its offer after Clarke’s background check revealed a misdemeanor assault charge ...
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08/26/2008
Two men went to a Papa John’s in Westfield to pick up a pizza. After they left the store, delivery driver Kelly Tharp told co-workers that one of the men had pulled out a gun. Tharp repeated his story to local police, describing the men’s car and offering a license plate number. The men sued Papa John’s for defamation, negligent hiring and related claims ...
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08/12/2008
Starting Aug. 25, organizations that must comply with U.S. Department of Transportation (DOT) drug-testing regulations face some new requirements. Specifically, drug testers must directly observe any follow-up urine tests. The goal: prevent employees from cheating the drug test.
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07/22/2008
Q. We request references from applicants’ former or current employers. Recently, an applicant (who was not hired) requested a copy of his former employer’s reference letter, which indicated that the applicant was difficult to work with and performed poorly. The letter was one of the factors considered when we decided not to hire him. Must we turn over the letter (or any other part of our file on the applicant)? ...
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07/21/2008
Q. Our company constantly receives calls from prospective employers requesting references for our former employees. Recently, one of our receptionists told an inquiring employer that a former employee was terminated for falsifying his expense reports. The former employee now has threatened to file a lawsuit against us for defamation. Do we have any exposure? ...
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07/21/2008
Q. What can we do to protect our company from being sued by former employees when we give references? Should we require that the prospective employer provide us with a release or consent from the former employee? ...
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07/07/2008
Q. We work in a very small industry, and employees tend to circulate among various employers in our greater metropolitan area. Many of us belong to the same trade and professional organizations and know each other. We would like to be able to provide each other with honest information in response to reference checks about an employee’s work history, but everyone is reluctant to do so because the general opinion seems to be that the safer course of action is to give only names and dates of employment. Can employers provide honest information about the reasons for employment terminations in response to reference requests? ...
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