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Louis DiLorenzo

Employers: ‘Keep Out!’ Beware intruding in employee web sites

05/06/2009

It’s becoming a common problem: An employer discovers disparaging comments on an employee’s Facebook, MySpace or personal blog. Maybe a post reveals internal company information. Can the employer take disciplinary action? A series of new laws and evolving legal doctrines have placed limits on how far an employer can encroach on the private and off-site activities of its employees.

Assessing witness credibility in workplace investigations

04/14/2009

During a workplace investigation, you, as an HR investigator, can take a number of practical steps to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Must we mail former employee’s last paycheck?

04/02/2009

Q. We have terminated an employee who has moved out of state and requested we mail his last check to him. Do we have to mail it? If so, when?

Assessing witness credibility in workplace investigations

04/02/2009

During a workplace investigation, there are a number of practical steps that you, as an HR investigator, can take to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

What should we do? Applicant refused to authorize background check

04/02/2009

Q. An applicant, citing reasons of privacy, has refused to sign the written authorization to permit a background check. What can we do?

Can we search employees? We suspect theft

04/02/2009

Q. We have noticed some of our inventory is missing, and we believe it might be leaving our facility via our employees. Can we search them and their belongings?

What are the New York state laws affecting background investigations of applicants?

04/02/2009

Q. We are considering using an investigative agency to verify applicants’ prior employment, education and possible criminal background. Are there any New York laws that are applicable?

Can you be liable for revoking a job offer?

03/03/2009

An employer made a job offer to someone, but then rescinded it. Then the employer hired another applicant two months later. Is there anything illegal about that?

Should we limit use of personal phones while driving?

02/19/2009

Q. We have field employees who use their own cell phones on the job. Do we need to establish a policy on cell phone usage, even though the phones aren’t ours and aren’t required by us?

Can we ask about green card expiration date?

02/19/2009

Q. Can we ask an applicant or employee how long his ‘‘green card’’ is good for?