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Hiring

CEO’s handwritten notes help seal recruiting deal

02/01/2008

Gen Y employees love to communicate electronically, but remember: They can still be swayed by the power of the handwritten note …

The old ‘Pot in the meatballs’ trick fails again

02/01/2008

A New York City Police Department counterterrorism detective said he failed a drug test in 2005 because his wife spiked his meatballs with marijuana …

Can we demand a polygraph test to identify theft suspects?

02/01/2008

Q. Recently, money from my office’s petty cash lockbox came up missing. As a part of our investigation, can we require employees to take a lie detector test? …

Minnesota Drug and Alcohol Testing in the Workplace Act

02/01/2008
Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) limits employers’ ability to test employees and independent contractors for illegal drugs and alcohol. While DATWA does not require employers to perform drug testing, it governs the process if employers elect to do so …

Washington Update: News from the NLRB, EEOC and USCIS

01/15/2008

The New Year often brings a flurry of activity from the many federal government agencies that address employment issues, and 2008 is no exception. We’ve got good news on employers’ control over workplace e-mail, bad news for employers who discriminate and mixed news for those who want to hire foreign workers.

Hiring friends, family not illegal—Unless race factors in

01/01/2008

Technically, favoring friends and family members for jobs and giving them plum assignments isn’t illegal. But if nepotism results in an all or mostly white work force, applicants or employees from other protected categories (e.g., race, gender, national origin) can still sue, claiming illegal discrimination …

All periods of employment count toward FMLA eligibility

01/01/2008

For the purpose of determining FMLA eligibility, all time spent working for an organization counts toward the minimum one year of service the law requires. That’s true even if there was a gap in employment …

Odd applicant makes pre-Hire complaints? Proceed as usual

01/01/2008

Some applicants clearly have chips on their shoulders. Some go as far as to proclaim they think they are being discriminated against before they even have a chance to turn down job offers. As the following case shows, applicants can’t create retaliation cases simply by letting you know they think you are about to discriminate against them …

Warn managers: Don’t promise a rehire call

01/01/2008

Tell supervisors to avoid the encouraging words, “If we have an opening, we’ll give you a call.” They’re well-intentioned but legally dangerous. Tell departing employees you’ll consider them for any openings they’re qualified for if they apply. Then explain how you post job openings and leave the ball in their court …

Tar Heel tickets a political football for Edwards’ campaign

01/01/2008

When Democratic presidential candidate Sen. John Edwards returned to the University of North Carolina (UNC) to establish a poverty think tank in 2005, his salary was a matter of public record. But what the press really wanted to know was how many Tar Heel athletics tickets did he try to get? …