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Background Checks

Transportation Companies Face New Drug-Testing Requirements, Starting on Aug. 25

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.

Must we give rejected applicant a copy of a negative reference letter?

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)? …

Employer liability for defamation claims based on a reference

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? …

Would an employee’s signed release protect us against reference liability?

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? …

Isn’t there some way we can provide honest references?

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? …

Doh!

07/01/2008
A woman wanted for stealing money from her employer in North Dakota gave authorities a helping hand when she used her former boss as a reference for a job in Pennsylvania …

How to protect yourself from Internet-Related liability

07/01/2008
The Internet is an invaluable tool in many workplaces, but lately it’s become a somewhat unexpected cause of employment law litigation. Two issues lead the wired way to the courthouse for employers: gathering information about job candidates through web sites and potential liability for what their employees do while using the Internet …

Employer didn’t check records before letting him check a pulse

07/01/2008
A man worked as a paramedic on the Front Range for 17 months before American Medical Response (AMR) discovered he was not a certified paramedic. AMR discovered the forgery when Teel requested a transfer from the Denver area to the Longmont Fire Department …

Negligent hiring: Take proper steps to avoid the costly pitfall

06/17/2008
In recent years, the Georgia courts have significantly expanded employers’ obligations—and therefore potential liability—in the area of negligent hiring and supervision. At the same time, employees and applicants now enjoy significantly expanded privacy rights. So it’s more important than ever for employers to pay close attention to their application, hiring and background-check policies and practices …

Expunged convictions set hidden trap for Illinois employers

06/11/2008

If you are an Illinois employer with 15 or more employees and your application asks job-seekers to detail their criminal histories, expunged criminal records pose a hidden trap for you …