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Hiring

Employers not liable for employee crime outside work

12/01/2007

California employers can rest easy—they aren’t liable for criminal acts their employees may undertake outside the workplace or their job responsibilities. That’s true even if the employee uses work-related materials to commit the crime, and the employer missed important clues in a background check …

Verifying I-9 document

12/01/2007

Q. It is my understanding that employers are required to view I-9 verifying documents within three business days of an employee’s hire. My company hires employees in various states, and I cannot personally view the I-9 documentation of the out-of-state employees. What process is acceptable for completion of the I-9 verification process if I cannot personally view the required documentation? …

RCI Inc. guilty of hiring illegal immigrants

12/01/2007

Richard Rosenbaum, former president of RCI Inc., pleaded guilty in U.S. District Court, Western District of Michigan, to multiple counts of harboring illegal immigrants, tax evasion and fraud. Rosenbaum owes $16 million in restitution to the federal government and must forfeit more than $1.1 million in personal assets …

Illegal status doesn’t bar employee’s discrimination claim

12/01/2007

While it may be unlawful to employ illegal immigrants under the Immigration Reform and Control Act, that doesn’t mean undocumented employees can’t sue for alleged employment discrimination based on other factors, such as pregnancy. Federal courts will still entertain discrimination lawsuits, ignoring illegal status …

Pending ‘No-Match’ rules put employers in difficult positions

12/01/2007

The Social Security Administration every year sends thousands of “no-match” letters to employers asking for help matching Social Security numbers with employee names. In recent years, however, the U.S. Department of Homeland Security has sought to transform the no-match letter system into a mechanism for enforcing laws against illegal immigration …

New I-9 form plus no-Match letters complicate hiring process

12/01/2007

The U.S. Citizenship and Immigration Services (USCIS) has just released a revised Form I-9, Employment Eligibility Verification, for immediate use and a new M-274, Handbook for Employers, Instructions for Completing the Form I-9 …

25 good interview questions … and 8 to avoid

12/01/2007
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Weed out bad apples with pre-Interview ‘Dirt call’

12/01/2007

A senior manager at a Texas technology firm always asks a lower-level employee—usually an administrative assistant—to perform his initial phone screens of candidates. Because teamwork is vital at the firm, the manager looks for feedback on how the candidate treated the assistant …

Tell managers: Avoid subjective hiring preferences

12/01/2007

When it comes to hiring and promotions, it’s best to avoid subjectivity in the selection process. Tell managers and supervisors: If they have to rely on hunches, impressions and whether they “feel” one candidate is a better choice than another candidate, they are asking for trouble …

Pre-Employment inquiries and the ADA

12/01/2007

Q. Can an employer ask a job applicant whether he or she can meet the company’s attendance policy? …