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Background Checks

Downside of providing a recommendation on an employee’s social media page?

08/07/2009

Q. An employee has asked me, as his direct supervisor, to provide him a recommendation on his LinkedIn page. He’s a good employee and I don’t see any harm in granting his request. Are there any risks?

Social media and HR: Managing the legal risks, updating your policies

07/14/2009

Whether they’re shooting off their own tweets or following others, employees using Twitter, Facebook, MySpace and personal blogs are creating liability and PR risks with their online rants, raves and company gossip. We’ve gathered the best of HR Specialist’s recent coverage of social media’s HR implications. You’ll find sound legal advice, and maybe a laugh or two.

New law: Safe haven when hiring people with criminal histories

07/08/2009

The Minnesota Legislature recently enacted a law designed to protect employers from some of the legal risks that may accompany hiring people with criminal backgrounds. The law is designed to help those who have served their sentences re-enter society as productive citizens.

Does Ohio law prevent employers from giving honest job references?

05/04/2009

Q. When I check a prospective employee’s job references, more and more I find that prior employers are unwilling to give any information other than confirming dates of prior employment. It makes it really difficult to accurately screen job applicants. Isn’t there a law that protects an employer that provides a job reference?

NJLAD amendment aims to end credit history discrimination

04/27/2009

State Assemblyman Anthony Chiappone has introduced a bill that would amend the New Jersey Law Against Discrimination (NJLAD) to bar employment discrimination based on an applicant’s or employee’s credit history or financial status.

Conducting background checks that comply with the FCRA

04/14/2009

Employers that hire outside firms or investigators to conduct employee investigations and background checks must make sure those vendors strictly comply with the Fair Credit Reporting Act (FCRA). Failing to do so can result in substantial legal risks, including damages, penalties, fines, punitive damages and attorneys’ fees awards.

Proposed N.Y. law would stymie credit checks on job applicants

04/02/2009

The New York State Legislature is considering restricting employers’ ability to check job applicants’ credit. Critics of pre-employment credit checks have noted that the economic downturn has forced many people to miss payments, and that the practice may unreasonably rule out large numbers of applicants.

What should we do? Applicant refused to authorize background check

04/02/2009

Q. An applicant, citing reasons of privacy, has refused to sign the written authorization to permit a background check. What can we do?

What are the New York state laws affecting background investigations of applicants?

04/02/2009

Q. We are considering using an investigative agency to verify applicants’ prior employment, education and possible criminal background. Are there any New York laws that are applicable?

Lost in MySpace: Know the law before searching web for applicant info

02/24/2009

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.