We believe that people will behave for you as they have behaved in the past. People usually don’t change. Having said that, we always advise that an employer take into account the individual’s age at time of conviction, the nature of the conviction and its relation to essential duties of the job and the time […]
Fair Credit Reporting Act Violation Costs $716,400 in Class Action Lawsuit
The Fair Credit Reporting Act requires end-users e.g. the organization who ordered the background investigation, to issue a pre-adverse action letter before making an adverse employment decision based on information in the background investigation report. Sounds simple to do, right? Well it is. We make compliance as simple as a click of a mouse in […]
Prior Employment Verification – Defamation vs Negligent Referral
Many employers respond to a prior employment verification by just verifying name and hire/separation dates. The reason is usually that they want to avoid a defamation lawsuit. My purpose in this article is to highlight the “other side” of the coin i.e. negligent referral. What is negligent referral? Courts have increasingly held that employers have […]
A Case against Hair Testing for Illegal Drugs
We often get questions about using hair as a specimen for testing for illegal drugs. An article on the GobyTruck web site summarizes some of the negative issues of using hair as a specimen lists some of the problems with using hair as a specimen for drug testing. And it lists reasons why hair testing […]
Random Testing Does Not Equal Reasonable Suspicion Testing
You either have a random drug and alcohol testing program (random test) or you don’t. Is your firm in the habit of selecting an employee, who you suspect of being impaired, for a random test selection? I was recently explaining the advantages of a random testing program to a company. (In a prior blog post […]
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