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Hiring

‘Firing manager’ should be same one who did the hiring

10/01/2006

When you need to terminate an employee, it makes sense for the same manager who hired the employee to also pull the trigger on the firing. That bit of legal strategy—the so-called "same actor defense"—could help you defend a discrimination lawsuit down the road …

Must you rehire a disabled former employee?

10/01/2006

Q. One of our employees went on disability after a motorcycle accident. We terminated him at his request, as he wanted to cash out his 401(k). His doctor recently released him from disability, and he’s seeking re-employment for a different position. Our owner is concerned that if he doesn’t offer the ex-employee a job, we may face legal retribution. And he’s concerned that if we do bring him back, we’ll end up with a workers’ comp claim from a slip/fall injury. Do we have any obligation to rehire this employee? —B.O., Pennsylvania

Screen teleworkers before sending sensitive data home

10/01/2006

Allowing employees to work from home can be a boon for employers trying to increase productivity and keep talented employees from leaving for more flexible jobs. But this flexibility can present an increased risk of fraud, theft and legal action if you keep personal information about employees or customers on your computer network …

Latest Low-Cost Perk: Helping employees land child care

10/01/2006

With so much absenteeism linked to child care issues, more U.S. employers are offering employees access to new Web sites that help solve a common dilemma: finding a good, reliable babysitter …

No immigration papers = No unemployment check

10/01/2006

Texas employers who fire employees for failing to comply with federal immigration laws needn’t fear that doing so will mean that the employees can later collect unemployment compensation payments. When employees are terminated because they have not provided work authorization papers, you can protest the unemployment application on the basis of "misconduct"…

Drafting new I-9s after merger isn’t required

10/01/2006

Q. Our company merged with another company. Are we required to complete a new I-9 form for each employee who worked for the other company, or are these employees "grandfathered" in? —J.M.

Noncitizens can’t sue for overseas discrimination

10/01/2006

In most cases, an employee who works for an American company can sue that company even when he or she works overseas. But you should be aware of important limitations, including those that cover noncitizen employees …

During lawsuit proceedings, Don’t inquire about employees’ immigration status

10/01/2006

If you’re facing an employment lawsuit, don’t bother probing into the employee’s immigration status during the lawsuit’s discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports that stance …

It’s hasta la vista for full immigration reform this year, But don’t ignore the issue

10/01/2006

It looks like comprehensive federal immigration reform will have to wait. Immigration rallies in the spring and summer rattled lawmakers to attention, as both the House and the Senate passed separate bills aimed at addressing border control and illegal employment …

Use the ‘Legal pad’ test to weed out candidates

10/01/2006

Plenty of job candidates talk a good game, but they couldn’t think critically if their lives depended on it …