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Hiring

Scrap referrals in favor of ‘talent scouts’

03/13/2014
If you can’t name one great new hire in the past six months who came in via your employee referral program, it may be time to try a new approach. Instead of urging everyone to refer their friends, turn specific employees into “talent scouts” for your organization.

Can we ask applicants about their driving records?

03/11/2014
Q. Is it lawful to ask about a person’s driving record (accidents and violations) on the job application?

Employee committed firing offense? Terminate ASAP–or else prepare for court

03/06/2014
If you don’t terminate an employee for an obvious firing of­­fense but later use that reason to justify a discharge, you’d better have a good explanation for the delay. Otherwise, a jury may see the move as a pretext for some form of discrimination.

When criminal records are at issue, prepare to explain rationale for firing or not hiring

03/06/2014

Employees who lose a job often don’t believe the discharge reason their employer provides. They look for some apparent underlying illegal discrimination and sue. Smart employers are ready to explain the entire discharge process from beginning to end.

Rethink using social media to learn about job candidates

03/06/2014
Only a minority of surveyed employers admit to actually researching candidates online. Still, some do. Some research findings might help you decide whether social media should be a factor in your hiring.

Can we ask applicant for his social media log-in info and password?

02/28/2014
Q. I am thinking about hiring someone, but would first like to check his Facebook, Twitter and other social media accounts to gain a more complete picture of the candidate. May I ask the applicant for log-in and password access to his accounts?

Believe it or not, you still have to say it: Managers can’t express racial preferences

02/28/2014
By now, you might think no manager would be so stupid as to openly state their reluctance to hire someone of a particular race. Believe it or not, it still happens. When it does, that’s when expensive and time-consuming litigation begins.

Bill would target nurses who dodge drug diversion

02/27/2014
Following reports of numerous Minnesota nurses continuing to practice despite failing to abide by the state’s substance abuse diversion requirements, State Rep. Tina Liebling has introduced legislation to require regulators to suspend noncompliant nurses.

Recruiting/Screening Practices

02/26/2014

HR Law 101: In 2007, the EEOC introduced E-RACE, an initiative for “Eradicating Racism And Colorism from Employment.” The initiative’s goal: to eliminate recruiting and hiring practices that lead to discrimination by limiting an employer’s applicant pool. The EEOC noted that the makeup of an employer’s workforce is “highly dependent on how and where the employer looks for candidates.”

Job Applications

02/24/2014

HR Law 101: Most organizations ask candidates to fill out a job application. Make sure that yours meets federal, state and local requirements. Don’t ask for information that could be considered discriminatory …