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Hiring, Part 1: Can I Fire a New Employee Whose Background Check Reveals Pending Criminal Charges?
August 2008
I ran a background check on an employee I just hired and discovered that she faces serious criminal charges pending a hearing but has not been convicted. Some of the charges (to name a few) are assault in the first and second degree and theft over $500. Technically she didn't lie on the application because she has not yet pleaded guilty or been convicted. But I don't want to employ someone who has the potential to commit these types of crimes. What do I do? . . . more
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Recordkeeping: Can We Destroy Paper Originals if We Keep Scanned Electronic Copies on File?
August 2008
We have many employment documents that bear a seal or have a signature or a notary's stamp. If we scan the documents and store them electronically, can we keep (and properly index) only the original pages that have the seal, signature, etc., and destroy the rest of the pages? Or, even better, can we scan the whole document and destroy all of the original pages? . . . more
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Short Takes: Recruiting
July 2008
We're interested in using Facebook and similar websites to locate potential job applicants. Would we be violating their rights in any way by contacting them out of the blue when they haven't applied to our company for work? . . . more
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Discipline: What Should We Do When an Employee Refuses to Sign a Disciplinary Form?
June 2008
After discussing discipline with an employee, we always ask the person to sign the disciplinary form so there is a record that we talked with the employee about the issue. Quite often, the person refuses to sign. What do we do if an employee sues us someday? Would a court accept a document that has "employee refused to sign" written on it? Should we just bag the whole idea of written warnings and avoid this problem altogether? . . . more
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Short Takes: Sheriffs
April 2008
Are we required to allow sheriffs and other people who wish to serve subpoenas or court papers on an employee to enter our facilities? . . . more
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Sexual Harassment: Can Third Parties Sue for Harassment?
November 2007
We've got two situations in which third parties are complaining about sexual harassment. In one case, an office couple is "carrying on" in front of another employee who is complaining about a "hostile environment." In the other case . . . more
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