Employment Law Today Masthead
Brought to you by AHI's Employment Law Resource Center — www.ahipubs.com

March 21, 2006 — Volume 7, Number 24

AHI's Believe It Or Not
Many employers place certain demands on applicants who want to work for them. Those requirements can range from passing drug tests to possessing professional licenses to having run-of-the-mill physical capabilities like being able to lift a specific weight. One company, in Leipzig, Germany, focuses on the psychological when it comes to accepting new employees. As a condition of employment, new hires must "think positively." If they can't, they should stay home until they can. According to a company exec, mood is an important factor in productivity and everyone at the firm works hard and is happy. Yeah, right!


IN THIS ISSUE:

1. Feature Story: What You Don't Know Can Hurt You

2. Hotheaded Boss Makes Not-So-Hot Hiring Demand

3. HR Soapbox: It's Not Gambling When I Play



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1. FEATURE STORY:
WHAT YOU DON'T KNOW CAN HURT YOU

The American Red Cross and its provider, Spherion, didn't run background checks on temporary workers at a California call center. The temps were indicted for bilking the Red Cross out of thousands of Katrina dollars.

RadioShack apparently didn't run a background check on its CEO. He admitted to misstating his academic record. The college he attended has no record of his graduation and does not offer psychology degrees, which he claimed to have; the four-year Bachelor's degree in theology he also claimed to have was actually a three-year degree.

Massachusetts-based Trusted Health Resources didn't run a background check on a health aide. The aide, who had six felony convictions, murdered a patient. The company filed for bankruptcy after being ordered to pay $26.5 million to the victim's family.

What's your excuse for not running background checks before hiring new workers? Is it the lack of time? (That was the Red Cross's.) Whatever the reason, it's a mistake to not do checks at all.

BAD EXCUSE #1: OUT OF TIME

We often hire in a hurry because there is work that desperately needs to be done. If that's the case and you need to bring someone on board ASAP, explain to the worker that the results of a post-employment background check may affect his/her employment status.

If screening all new hires is too time-consuming, then at least whittle down the list by evaluating the necessity of a background check for each position. Obviously, follow federal and state laws that apply to your industry. If there aren't any, use common sense. Does the job entail working with kids, the elderly, or the infirm; going into private residences; handling financial matters; or accessing proprietary or confidential information?

BAD EXCUSE #2: TOO MUCH WORK

Hire a reputable background checking agency.

BAD EXCUSE #3: TOO MUCH MONEY

Don't check everyone if you don't have to (see #1). Also, consider limiting the types of checks done. For example, are you only interested in criminal backgrounds? Driving records? Credit reports?

Finally, bear in mind that the cost of background checks can provide you with plenty of peace of mind. It will wind up costing you much more if an employee harms another or embezzles from you.

BAD EXCUSE #4: NOT MY JOB

One of the benefits of using temporary workers is that the temporary agency does much of the work for you. The hiring company figuratively washes its hands of many of the legal obligations that come with an employer/employee relationship. However, you owe it to your own company to take steps to ensure that the temps have been checked out. Never assume that the agency has done checks. Use a temp agency that:

  • certifies that it has done thorough background checks and complied with applicable state and federal laws;

  • certifies that nothing in the workers' backgrounds would make it a poor match for placement at your company; and

  • indemnifies your company for any liability that results from the workers' actions.

If you often need help in a hurry, also look for agencies that maintain a pool of pre-screened workers.

Are All Of Your Managers And Supervisors Following The Same Rules
When It Comes To Disciplining Employees?

If not, you could be risking discrimination or retaliation lawsuits. If discipline is done for the wrong reasons, done poorly, or not done at all, it can also lead to a variety of performance and operational problems, such as decreased morale, lower productivity, and high turnover.

In order to avoid these problems — and protect yourself, your supervisors, and your organization from legal liability — you need to ensure that when your managers discipline employees, the process is consistent, motivating, effective, and legal. That's where we can help. AHI has teamed up with HR expert Rebecca Mazin to present:

Improving Workplace Discipline Practices
Live Audio Conference

Wednesday, April 19, 2006
1:00-2:30 PM Eastern Time

REGISTER TODAY
(only $149 when you register before April 7th)

2.

HOTHEADED BOSS MAKES NOT-SO-HOT HIRING DEMAND

Every manager knows that it's illegal to retaliate against an employee who has filed a formal discrimination complaint. What every manager may not know is...View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the Free Report, "Identity Theft: A Workplace Threat Not To Be Taken Lightly," which arms you with the legal and practical information you need to know to defend your company against one of the fastest growing crimes in the country. You get tips on how to secure confidential information and minimize identity theft risk factors; practices for protecting employee Social Security numbers; a model letter for notifying employees of identity theft; and steps you can pass on to employees to help them take their identities back.

3.
HR SOAPBOX: IT'S NOT GAMBLING WHEN I PLAY

Kick back, relax, and take a few minutes to check out the new HR Soapbox,"It's Not Gambling When I Play," in which an editor discusses his take on office pools.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

2005 Survey Of Traditional Time Off And PTO Program Practices2.
2005 Survey Of Traditional Time Off And PTO Program Practices

This national survey report gives you everything you need to benchmark your time off policies. You will learn how over 700 organizations responded to over 25 key paid time off questions.

Workplace Compliance Training Series 3.
Workplace Compliance Training Series

This training program is simple to employ and gives you every tool you need to customize training to your organization's specific needs. The series includes six stand-alone modules: Avoiding Hiring Mistakes; Conducting Successful Performance Appraisals; Eliminating Disability Discrimination; Improving Workplace Discipline Practices; Preventing Sexual Harassment; and Strengthening Workplace Diversity.

Employer's Guide To Record-Keeping Requirements4.
Employer's Guide To Record-Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Complete Personnel Documentation Library5.

Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Copyright © 2006 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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