Tag: hiring

Dangers of Excluding Unemployed When Searching for Workers

By Reggie Gay Employers that need workers often find themselves inundated with applicants — especially in today’s down economy. Some employers have even resorted to limiting the applicant pool to currently employed individuals as a way of dealing with a deluge of resumes. But that can be a legally shaky strategy. Mastering HR Special Reports: […]

A Stream of Guidance on Shy Bladder Syndrome

What is HR to do when a job applicant or worker claims to have shy bladder syndrome and refuses to urinate in a cup as part of a drug test? Consider testing the worker’s hair or saliva instead, according to new informal advice from the U.S. Equal Employment Opportunity Commission. Shy bladder syndrome, also known […]

Employer wins discrimination case — Evidence of non-performance outweighs employer’s imprudent remark

A recent appeals court ruling shows that clear and consistent documentation of an employee’s poor performance is more important than certain imprudent things a supervisor may say to an employee. Robert Dickerson, an individual with a mental disability, worked as a part-time custodian for an Illinois community college. He was recorded several times losing employer property and […]

Grease Lightning

Litigation Value: allowing office staff to take over the warehouse and invent a new loading method = several bizarre Workers’ Compensation claims; Andy asking Oscar about his “wildest fantasy guy” while choosing new warehouse personnel = yet more fodder for Oscar’s potential claims; and controlling your own destiny = priceless. This week’s episode started off […]

Top 10 Hiring Mistakes Made By California Employers

Given the recent state of the economy, most employers have been more concerned with how to conduct effective layoffs than with avoiding mistakes in the hiring process. Yet as the economy gradually (if fitfully) shows signs of improvement, companies need to prepare to hire again. Are you ready?

Quick Hiring Decisions Can Backfire

Are you a buyer rather than a shopper? You may fit this mold if you know precisely what you want, go directly to it on the store shelves, grab it, and head immediately for the cash register. While this strategy may make for efficient purchasing, it can also make for disastrous hiring.

Despite Phony Divorces, Pension Plan Must Pay Spousal Benefits

Retirement plan administrators do not have the authority to conclude that a domestic relations order (DRO) is not qualified because it is based on a “sham” divorce, the 5th U.S. Circuit Court of Appeals decided July 18, 2011. The 5th Circuit stated that a key ERISA section “does not authorize an administrator to consider or […]