Tag: hiring

Disability Discrimination: Blanket Refusal To Rehire Discharged Employees Violates ADA; Would Your Rehire Policy Pass Muster?

Suppose a former employee applies for a position with your company. You check their personnel record and discover the person was terminated. Following standard company procedure not to rehire previously discharged employees, you reject the person’s application outright.But the applicant turns around and sues you under the federal Americans with Disabilities Act, claiming you really […]

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News Notes: New EEOC Fact Sheets Address Workplace Backlash Against Muslims And Arabs

Responding to a surge of discrimination complaints from employees of Middle-Eastern descent following the events of Sept. 11, the U.S. Equal Employment Opportunity Commission has released two new fact sheets to answer questions about the employment of Muslims, Arabs, South Asians and Sikhs. One fact sheet is geared toward employers, the other for employees. The […]

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Independent Contractors: California Supreme Court Clarifies Whether You Can Be Sued When A Contractor’s Employee Is Injured On The Job; 5-Point Plan To Protect Yourself

For several years, the California Supreme Court has wrestled with the issue of when the employee of an independent contractor can sue the company that hired the contractor for on-the-job injuries rather than just collect workers’ compensation benefits. Now the high court has issued two new opinions further clarifying when you can be sued for […]

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Foreign Workers: Tips For Hiring—And Firing—Workers On H-1B Visas

Many employers that hired foreign workers on H-1B visas during boom times are now struggling with how to lay them off in light of the economic downturn. And other employers are contemplating hiring H-1B visa holders who are now looking for work. We’ll detail your special obligations when hiring or terminating workers on H-1B visas.

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Background Checks: Employer Whose Independent Contractor Murdered A Client Ordered To Pay $11.5 Million; Precautions To Take

A recent verdict against an employer that failed to properly screen an ex-convict serves as a serious warning: You need to thoroughly check applicant backgrounds before putting someone to work as an employee or independent contractor. We’ll offer tips to help you prevent the problems one company faced.

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Recruiting Employees: Court Refuses To Enforce Out-Of-State Non-Compete Agreement; Practical Strategies

In California, most agreements that restrict employees from competing with former employers are illegal and California courts won’t enforce them. But what if you want to hire someone who signed a non-compete provision with an employer in another state that does recognize these agreements? A California Court of Appeal has confirmed that California employers aren’t […]

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Hiring Temporary Workers: EEOC Says Both You And The Staffing Agency Are On The Hook For ADA Compliance

Many employers don’t know they may have Americans with Disabilities Act obligations when they hire temps or other contingent workers through a staffing agency. New Equal Employment Opportunity Commission guidelines hold employers and staffing agencies—including temporary employment agencies, contract firms and employee leasing companies—jointly responsible for ADA compliance. Employment Offers And Disability-Related Questions The staffing […]

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Violent Employees: Court Rules Employer Not Automatically Liable For Criminal Assault By Employee; 3-Point Lawsuit Prevention Checklist

Maria D. (as she was referred to in court documents) claimed that late one night as she drove along the Pacific Coast Highway in Southern California, she was pulled over by an on-duty Westec Residential Security guard wearing a uniform and gun. The guard allegedly pointed a spotlight in her face, asked for her license, […]

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Hiring Foreign Workers: Congress Ups Quota For H-1B Visas; Practical Impact

Grappling with a chronic shortage of computer programmers and other skilled workers, the high-tech industry successfully lobbied long and hard for an expansion of the H-1B visa program. Employers should face fewer delays in hiring foreign professionals now that Congress has raised the annual limit on H-1B work visas and changed the rules to make […]

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