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Employment contracts: Can your workers claim an ‘implied’ contract?

02/01/2004
Issue: Drafting a legally sound employment contract and avoiding “implied contract” claims.
Benefit/risk: While employment contracts can offer your organization additional legal rights, they also expose you to new legal …

Use media to boost the organization’s stature (and yours)

02/01/2004
Issue: The media’s growing interest in HR and workplace issues. Benefit: By gaining publicity for your organization, you can aid recruitment efforts and earn kudos from top brass. Action: …

Hiring interns? Keep it legal, dude

02/01/2004
Issue: How to avoid the often-overlooked liabilities of using interns in your workplace. Risk: Courts view interns the same as employees, as “agents” of your organization. Plus, you face extra …

You can require tests to determine ADA accommodations

02/01/2004
Issue: How to meet your “interactive process” requirement with disabled employees to create accommodations.
Benefit: You can reject an employee’s accommodation request if the worker doesn’t cooperate in the interactive …

You can require tests to set disability accommodations

02/01/2004
Issue: How to follow Americans with Disabilities Act rules requiring an “interactive process” with disabled employees.
Benefit: You can reject an accommodation request if the employee won’t cooperate in the …

You can set ‘no rehire’ policy for workers fired for misconduct

01/01/2004
The Supreme Court last month handed employers more power to set and enforce policies that deny rehiring to employees fired for misconduct. The court said such “no-rehire” policies are valid reasons …

No need to get employees’ OK before misconduct investigations

01/01/2004

Good news: Your organization no longer has to notify employees suspected of workplace misconduct that they are targets of third-party investigations. That’s because Congress recently reauthorized the Fair Credit Reporting Act …

Warning: Temp agencies will not do your homework

01/01/2004
Issue: Temporary workers who are hired on as employees often fly under the radar of pre-employment checks. Risk: No legal recourse if your temp-turned-employee goes bad. Action: Treat temps …

Background checks: Weigh convictions, not arrests

01/01/2004

Q. We’re going back and forth on this question: On an employment application, can we legally ask about an applicant’s prior conviction record or arrest record? —T.F., Nevada

Congress gives all employers ability to confirm I-9 documents

01/01/2004
By Dec. 1, 2004, all U.S. employers will have the option of using a phone-based system to check whether new hires have the right to work in the United States.
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