Month: May 2012

Facebook ‘Liking’ Is Not Protected Activity, Says District Court

By: Kyle Emshwiller The U.S. District Court of the Eastern District of Virginia has found that “liking” something on Facebook is insufficient to be protected under the First Amendment. The six plaintiffs in the case were former employees at a Virginia sheriff’s department. When election time rolled around, the plaintiffs favored their boss’s opponent and […]

termination

Fashion Exec’s Facebook Faux Pas Not Funny, Says Employer

By: Elaine Quayle What was he thinking?  When a fashion house CFO vented, blogged, and tweeted his workplace frustrations on his social media outlets, he forgot that more than his friends could read them! According to The Wall Street Journal and other media reports, Gene Morphis, chief financial officer of Francesca’s Holdings, used his blog, […]

Translating Hiring Criteria into a Postable Paragraph

Yesterday’s Advisor showed how to clarify what you are looking for in a candidate; today, how to translate that into candidate terms, plus an introduction to BLR’s handy HR audit guide. Translating into Candidate Terms Now you have to translate your desires into concrete terms that you can use in a posting, an ad, or […]

Mentoring at Work

Mentoring Lets Employees ‘Stand on the Shoulders of Giants’

It’s often said that employees are an employer’s greatest resource. That being the case, it’s no wonder many employers turn to mentoring — the linking of talented but inexperienced employees to proven leaders. Famed scientist and philosopher Sir Isaac Newton has been quoted as saying, “If I have been able to see further, it was […]

The Critical Step Harried Hiring Managers Leave Out

“I need this job filled, and I want it posted today!” No surprise that managers who are short an employee want a new hire instantly, but that’s a dangerous approach. Slow down, step back, and figure out what you are looking for. In their eagerness to start interviewing, many managers launch their search before they […]

NLRB Member Resigns Amid Leak Allegations

The National Labor Relations Board (NLRB), which risked losing a quorum just a few months ago, is losing one of its two Republican members. Terence Flynn, who joined the NLRB in January, submitted his resignation on May 26. The resignation is to be effective July 24, but Flynn already has recused himself from all agency […]

Criminal records Checks? Be Ready to Defend Disparate Impact

Yesterday’s Advisor discussed criminal records and disparate treatment; today, criminal records and disparate impact, plus an introduction to the all-in-one HR solutions site, HR.BLR.com. Disparate impact occurs when: The employer’s neutral policy or practice has the effect of disproportionately screening out a Title VII-protected group and The employer fails to demonstrate that the policy or […]

Ever Been Arrested or Convicted? … Is It Discriminatory to Ask?

EEOC has released guidance on the use of arrest and conviction records in screening job candidates. Many employers do subject job candidates to criminal background checks to combat theft and fraud, and to avoid workplace violence. But the EEOC sees the possibility of discrimination. That’s because arrest and incarceration rates are particularly high for African […]

Québec Contractors Can’t Have Their Cake and Eat It Too

by Marie-Julie Lanctôt For a variety of reasons, more and more employees want to create companies to provide their services as contractors, rather than employees. Such services will often be identical to those that were provided when the individual was an employee. Subject to a tax, employment insurance or Canada Pension Plan audit, that may […]