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Hiring

As economic clouds darken, N.C. employers glimpse silver lining

04/23/2008
Despite a worsening economy that could still harm North Carolina employers, there’s some good news for the state amid recent reports on the downturn …

When weighing soft skills, document decisions

04/22/2008
Employers can ask questions about candidates’ subjective qualities, especially when many applicants are objectively qualified. But don’t risk a discrimination lawsuit by carelessly documenting how you arrived at ways to distinguish applicants … 

Lack of screening did not prove negligence in truck accident

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 …

Association discrimination covers friends, not just family

04/18/2008
California law and the ADA protect just about anyone who “associates” with a disabled person from discrimination. It doesn’t have to be a child, spouse or blood relative. The California Fair Employment and Housing Act and the Unruh Act both protect those who count disabled persons as friends …

Lack of female supervisors a red flag for discrimination

04/18/2008
Have you taken a good look at who fills supervisory roles at your workplace? If not, you should. Having very few female supervisors may spell trouble. Having none is like carrying a sign that reads, “Sue me now!” Employees suing for sex discrimination could point to the lack of female supervisors as evidence supporting their claims …

Employer may be liable when employee attacks

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 …

Justify drug testing program with business-Related rationale

04/18/2008
Many government employers ask applicants to submit to drug testing before beginning work. A recent 9th Circuit Court of Appeals ruling may make employers rethink that strategy and prepare to clearly articulate a business-related reason for drug tests. A blanket testing policy may spell trouble …

Employee or contractor? Degree of control is key factor

04/17/2008
The IRS and the courts are increasingly ignoring the “independent contractor” label that companies increasingly slap on their workers. Instead, they’re reclassifying those relationships as “employees.” And that’s not good for employers …

Are you ready to explain each and every promotion decision?

04/14/2008
Lawsuits sometimes seem to come out of nowhere. While you can reduce your risk through prevention, you can’t eliminate it entirely. That’s why you need a backup strategy. For failure-to-promote lawsuits, that strategy should involve being ready to explain each and every promotion decision with solid business reasons …

Inadequate screenings at DCF

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 …