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Prevent e-mail ‘spamming’ by angry ex-employees

Issue: A new court ruling makes it more difficult to stop former employees from blitzing your workplace with e-mail messages, including those that criticize …

Follow these 3 rules for conducting pre-hire medical tests

Issue: Requiring a medical test before hiring an applicant is smart, but it carries legal risks.
Risk: A wrong step can trigger Americans with Disabilities Act (ADA) or privacy lawsuits …

Organize your personnel files to minimize legal risk


THE LAW. Maintaining personnel files can be a chore, but it’s the most important element in defending against claims from employees, ex-employees and regulators …

How to get the inside scoop from applicant references

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Allow applicants to answer negative background-check results

It’s true that your company could be held liable if it rejects an applicant based on inaccurate data in his background check. But don’t stop doing background …

Let applicants respond to background-check results

Issue: You can be held liable for rejecting job applicants because of inaccurate background checks.
Risk: Defamation, invasion of privacy and wrongful-discharge lawsuits …

How to close the door on invasion-of-privacy lawsuits

Most companies don’t spend a lot of time worrying about their employees’ privacy rights. But they should. Consider this: Privacy lawsuits jumped 300 percent …

Drug testing: Minimize lawsuit risk with smart policy

THE LAW. You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance abuse prevention …

Beware legal risks of using school transcripts in hiring

Worried that poor grades and lax attendance might spell an employment risk, more employers are requesting applicants’ school transcripts. Our advice: …

Monitoring staff phones? Hang up when you realize it’s a personal call

You can monitor your employees’ communications, within reasonable limits. But you can’t let your monitoring escalate to eavesdropping and violate workers’ …