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Hiring

Worker’s immigration status won’t let employer off hook

03/30/2015
A California appeals court has ordered a new trial for a worker who may have lost a lawsuit because the jury learned that he was an illegal immigrant.

Unless required, consider dropping drug tests

03/27/2015

For many employers interested in maintaining a safe and productive workplace, it doesn’t make sense to require pre-employment drug and alcohol screening or randomly make current employees provide urine or blood samples. That was the contrarian advice attorney James P. Reidy offered March 24 at the Society for Human Resource Management Employment Law & Legislative Conference.

What if interviewee raises a sensitive issue?

03/16/2015
Every HR pro knows there are some questions you just can’t ask and topics you can’t raise during job interviews. But what if the applicant brings up an off-limits subject?

Cut lawsuit risk by listing minimum job qualifications

03/11/2015
Be sure your job announcements list minimum qualifications applicants must have. That way, if someone who lacks the right background sues, the case can quickly be dismissed.

Can I refuse to hire union members?

03/10/2015
Q. I am considering hiring an applicant to work at my steel refinery. The only problem is that he is affiliated with a local trade union, and I am doing everything I can to keep my business union-free. Can I refuse to hire him for this reason?

Cracking down on internal theft problem? Be sure to handle criminal checks properly

03/10/2015
Has your workplace experienced an increase in theft? If so, you’re probably exploring loss-prevention measures. While you assess your options, make sure you don’t crack down on employees in ways that will land you in court.

Court slams EEOC on background checks

03/10/2015
EEOC efforts to crack down on employers’ use of credit and criminal checks suffered a serious setback on Feb. 20 when the 4th Circuit Court of Appeals upheld a lower court ruling that exonerated an employer of illegally running discriminatory background checks on job applicants.

Safeguard against failure-to-hire suits by explaining how hiring process works

03/09/2015

Do you explain up front exactly how your hiring process works? If not, consider providing a written notice that outlines the process, especially if it’s a lengthy one and you collect applications even when you have no current openings. This may come in handy later if a disgruntled applicant sues, claiming she was blacklisted or suffered discrimination by not being called for an interview or otherwise being considered for a position.

Lure top candidates with engaging ad format

03/06/2015
What’s your online recruiting pitch like? Take a look at this clever ad format used by Hillel International to snag hot prospects.

Prodigal employee? Ensure hiring managers don’t know details of prior complaints

03/03/2015

Even after an employee who has participated in employment lawsuits or complaints is discharged for entirely legitimate reasons, he may later sue if he isn’t rehired. Then he’ll try to argue that his prior protected activity was the reason he wasn’t rehired. To avoid such lawsuits, make sure the hiring manager knows little or nothing about those prior activities.