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Hiring

Wal-Mart settles drivers’ race bias suit for $17.5 million

03/30/2009

Wal-Mart wasn’t wearing its smiley face when it agreed to pay a class of African-American truck driver applicants $17.5 million in a race discrimination suit. The drivers alleged Wal-Mart failed to hire and promote black drivers in proportion to the number who applied.

North Carolina Legislature considers new employment laws

03/30/2009

Barely two months into the 2009-2010 session, the North Carolina General Assembly has already introduced a profusion of employment-related bills. Employers should keep a watchful eye on several bills that already appear to have strong support this new legislative year.

Set clear rules for initial employment period

03/30/2009

Sometimes, it’s obvious early on that a new employee isn’t working out. Firing such an employee won’t cause legal trouble as long as you based the call on previously set performance standards, job-related testing or some other impartial evaluation process.

Refer to the rule book: Hiring and promotion policies belong in your employee handbook

03/26/2009

Employers with a good employee handbook that explicitly sets out the rules for handling hiring, promotions and raises have a huge advantage if there’s ever a complaint that those processes have been unfairly applied. Clearly written policies are one great way to counter the “he told me” claims …

Could an offer letter compromise at-will employment?

03/26/2009

Q. Is it wrong to ask new hires to sign job-offer letters? We ask for a signed copy as part of documenting that they were informed that employment was “at will.” Is this inadvisable?

Promoting? Avoid any appearance of favoritism

03/26/2009

Choosing which of your employees to promote is always difficult, since at least one employee will be disappointed. That can lead to friction or even a lawsuit. That’s why it’s crucial for the entire process to look—and be—as transparent as possible. You simply must avoid any appearance of favoritism.

‘Overqualified’: Legit phrase or lawsuit bait?

03/26/2009

With unemployment at its highest level since 1983, many applicants have far more experience and education than the job requires. But be alert: Advise hiring managers to avoid using the term “overqualified” in front of job candidates or in any written description of them. Rejected applicants could view the term as an age-related code word, thus sparking an age discrimination lawsuit.

The HR I.Q. Test: April ’09

03/24/2009

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Offering a job? Do it the legal way

03/24/2009

When it comes to making job offers, your hiring managers could be inadvertently locking your organization into an employment contract with the new hire. It’s a common mistake, and only a few words can send you down the wrong path. Follow these six do’s and don’ts when offering a job:

Can we ask applicants to take a TB test?

03/24/2009

Q. We’re aware that tuberculosis is on the rise. Can we ask applicants—and employees—to take a TB test? What about interns and volunteers? (We operate a substance abuse center.)