05/06/2008
Employers that use third parties (referred to in the law as credit reporting agencies, or CRAs) to perform background checks and investigations need to be aware of the requirements of the federal Fair Credit Reporting Act (FCRA) ...
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05/01/2008
Q. Our HR department recently received an inquiry from another employer concerning one of our former employees who was applying for a job. The inquiry contained an authorization and release signed by the employee indicating we could share the information without liability. Should we share it? ...
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04/24/2008
Say you’ve decided to hire a professional employer organization (PEO) to handle some of your HR services—or you’re considering new PEO vendors to replace your current one. You have a choice of more than 700 PEOs to choose from. Prices and services offered by PEOs vary so much it's hard to spot the best deal ...
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04/22/2008
In September 2004, Martin King and Tobias Ledzema were both driving tractor-trailers in Lake County when Ledzema’s trailer struck King’s. King sued Ledzema’s employer, Fierro Trucking, based in Illinois, alleging negligent hiring and supervision ...
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04/18/2008
Sometimes an employee gets into an argument with a customer, and what began as a war of words turns into actual violence. When that happens, the employer may be on the hook for damages. Under the right conditions—or more precisely, the wrong ones—the employer may be liable for physical altercations its employee may engage in while working ...
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04/14/2008
Following the arrest of Department of Children & Families (DCF) spokesman Al Zimmerman on child pornography charges, the DCF inspector general launched a review of the department’s hiring procedures. A report on the results revealed serious security gaps ...
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04/09/2008
Q. I have heard that Illinois law requires background checks for employees. Is this true? ...
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04/07/2008
Nearly 1,000 vendors are in the screening industry now, making it difficult to sort out the top tier from the fly-by-night firms. Good news: Starting this month, you’ll have a new yardstick on which to gauge their quality ...
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04/01/2008
Al Zimmerman had a solid employment record when the Florida Department of Children and Families (DCF) hired him as a spokesman. He was later promoted to press secretary and received good reviews, right up until his arrest for allegedly paying two teenagers to perform sexual acts while he photographed them ...
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04/01/2008
Take care if you run background checks as part of your job application process. Be sure to document how you handle reference check calls, and document requests. You may need the files later, especially if you don’t hire the applicant in the end and he claims discrimination ...
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03/01/2008
Good—and somewhat obvious—news: Job applicants who are not members of a protected class can’t sue for discrimination on the basis that an employer’s hiring practices discriminate against minorities ...
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03/01/2008
Q. I understand that it’s illegal to ask applicants certain personal questions. But are there any questions I can’t ask a reference or previous employer? ...
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03/01/2008
Until recently, courts generally have ruled that retaliation applies only to current employees. But thanks to a recent 4th Circuit Court of Appeals decision, which covers North Carolina employers, it’s now clear that former employees can sue for post-discharge actions when their claims involve the Fair Labor Standards Act ...
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02/01/2008
Q. Our hiring process involves conducting background and reference checks. If an employee has a felony conviction within the past seven years, we automatically refuse employment. Any reason we should change our policy? ...
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