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Background Checks

Personal information on work computers: No expectation of privacy

02/24/2009

A New Jersey appeals court has held for the first time that an employee has no reasonable expectation that personal information stored on work computers is private—even if the employee has created a separate password to protect the information. Employers have the right to search work computers.

The safest way to handle calls for references and recommendations

02/17/2009

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.

7th Circuit won’t quash EEOC subpoena in settled case

02/12/2009

The Chicago-based 7th Circuit Court of Appeals has ruled that the EEOC can enforce a subpoena in a case where the complainant has withdrawn the complaint as part of a settlement.

What should we have said—and say in the future—about an employee fired for theft?

02/02/2009

Q. We fired a part-time employee for stealing a gift card out of the trash. We have a policy against taking anything of value out of the garbage. The next day, his supervisor announced to everyone that the employee had been fired for theft. I don’t think it was appropriate to tell others the reason. Was it? And what should we say if someone calls for a reference?

Charlotte-Meck to run criminal checks on current employees

01/27/2009

After a teacher was caught using heroin in an elementary school classroom, the Charlotte-Mecklenburg Schools decided it needed to do more than check newly hired employees for criminal records.

Are we required to send job-offer letters?

01/16/2009

Q. Are we required to give applicants official offer letters? What does a letter have to spell out?

Prepare to comply with two new employment laws

01/09/2009

Beginning Feb. 1, New York employers must comply with two important new state employment laws affecting notification of impending layoffs and the conduct of criminal background checks.

Even if offer is for ‘at-will’ job, beware making promises you’re not prepared to keep

12/24/2008

Before you make a solid job offer and induce an applicant to make major changes in order to accept the job, consider this: If you end up not being able to follow through on the offer, you may end up sued for breach of promise—in legal terms, called promissory estoppel

Marion veterans hospital to pay for hiring lethal doctor

12/11/2008

The VA Medical Center in Marion has agreed to pay $975,000 to Katrina Shank, whose husband, Robert Shank III, bled to death after former staff surgeon Dr. Jose Veizaga-Mendez operated on him.

Was state staffer ordered to check out ‘Joe the Plumber’?

12/08/2008

Vanessa Niekamp, senior child support manager at the Ohio Department of Job and Family Services, said she feared for her job when she approached the inspector general about background checks performed on Joe Wurzelbacher, better known as “Joe the Plumber” …