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Hiring & Firing › Employee References

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Mitratech Holdings, Inc

Choosing the Right Software for Background Checks: Key Features to Consider

Mitratech Holdings, Inc on

This blog post will explore the key features when selecting background check software. From improving candidate flow and upgrading your hiring workflow to ensuring global coverage and maintaining trusted speed and...more

Orrick, Herrington & Sutcliffe LLP

Orrick’s 101 - Reference Letters

Orrick, Herrington & Sutcliffe LLP on

Employers in Germany should not underestimate the meaning of reference letters – the German Arbeitszeugnis. German employment law and employment practice provide employers with clear guidelines as to when and how they must...more

Orrick, Herrington & Sutcliffe LLP

Orrick’s 101 – Employment Law in Germany NEW: Q&A on Reference Letters

Orrick, Herrington & Sutcliffe LLP on

Employers in Germany should not underestimate the meaning of reference letters – the German Arbeitszeugnis. German employment law and employment practice provide employers with clear guidelines as to when and how they must...more

Constangy, Brooks, Smith & Prophete, LLP

Employers, What Do You prefer?

Constangy, Brooks, Smith & Prophete, LLP on

A resume liar, or a candidate who gives you the hard truth? Let's say you have a great candidate for your vacant position of Director of Widgetary Management. Work experience is on point, excellent presentation in the...more

Littler

Requesting and Providing Employee References in the Netherlands – A Risky Business!

Littler on

On December 13, 2019, the Dutch Supreme Court (ECLI:NL:HR:2019:1950) provided clarity on the issue of giving references for former employees. Even after the employment relationship has ended, the employer and employee must...more

Haynsworth Sinkler Boyd, P.A.

Retaliation Claims Can Arise Long After Employment Relationship Ends

Haynsworth Sinkler Boyd, P.A. on

A recent Pennsylvania case provides a good reminder that retaliation claims can arise long after an employee is no longer employed and that employers need to keep potential retaliation claims in mind when responding to...more

Constangy, Brooks, Smith & Prophete, LLP

Reference Info Comes Back To Bite Ex-Employer

Constangy, Brooks, Smith & Prophete, LLP on

A tough situation. Could it have been handled better? The Pennsylvania Department of Insurance will be going to trial in a retaliation case involving reference information it provided for a former employee....more

Akerman LLP - HR Defense

Job References in the #MeToo Era: Employers In Some States Now Have Privilege to Say #HimToo

Akerman LLP - HR Defense on

Employers seeking to avoid liability often stick to dates of employment and position held when responding to reference requests. But there is a new trend in legislation offering protection to employers who disclose to...more

Fox Rothschild LLP

A Coming Of Age For “No Comment” Reference Policies

Fox Rothschild LLP on

I read an article yesterday about a writer accused of sexual harassment. So what, you are probably thinking? While articles like that are commonplace these days, what infuriated me was that the individual had been...more

Locke Lord LLP

References: A Treacherous Slope

Locke Lord LLP on

A recent opinion of federal Judge Timothy Hillman sends a message to employers in Massachusetts that providing references on behalf of former employees is a dangerous practice. In Soni v. Wespiser et al, Judge Hillman...more

Littler

Canada: Ontario Superior Court of Justice Finds Against Employee in Negative Job Reference Dispute

Littler on

In a lawsuit involving both wrongful dismissal and defamation, Canada's Ontario Superior Court of Justice in Papp v. Stokes et al, 2017 ONSC 2357, has ruled that an employer’s negative review of an employee’s attitude during...more

FordHarrison

What We Learned: Talent Placement Lesssons from Tennessee Football and The American Ryder Cup Team

FordHarrison on

Sports are about players making plays. Coaches and managers can breakdown film, scheme, and motivate all they want. But, when the game is on the line, execution is all that matters. As the ole coach said, “It’s not about the...more

Seyfarth Shaw LLP

What To Do About Employee Thieves—Catch Them If You Can!

Seyfarth Shaw LLP on

Seyfarth Synopsis: When employee theft occurs, employers must be cautious in investigating, avoiding self-help, and in deciding if and how to terminate the offending employee. Companies work hard to hire trustworthy...more

Orrick, Herrington & Sutcliffe LLP

Employment Law News for 2016

Orrick, Herrington & Sutcliffe LLP on

A belated happy new year to you all! To celebrate the beginning of 2016 we're cantering through some key employment law news stories from the past few months below. As always, please do get in touch with a member of the team...more

Spilman Thomas & Battle, PLLC

Employers & The Fair Credit Reporting Act: Has Sweet v. LinkedIn Signaled the Next Wave of Social Media Driven Change?

Spilman Thomas & Battle, PLLC on

Most employers are at least generally familiar with the The Fair Credit Reporting Act (“FCRA”). FCRA protects consumers whose information is disclosed by consumer reporting agencies. In the employment context, FCRA regulates...more

Fenwick & West LLP

LinkedIn Reference Search Not Subject To Fair Credit Reporting Act

Fenwick & West LLP on

Finding that LinkedIn’s “Reference Search” function was not subject to the Fair Credit Reporting Act (FCRA), a Northern California federal district court dismissed a putative class action filed on behalf of job applicants who...more

Lewitt Hackman

Claims Dismissed: Social Media Site's Reference Search Not a Background Check

Lewitt Hackman on

Good news for employers using social media to vet job applicants: A Federal District Court recently ruled the technology used in LinkedIn's Reference Search does not constitute a “consumer background check” of employees and...more

Proskauer - Law and the Workplace

California Court Dismisses FCRA Class Action Against LinkedIn

Proskauer - Law and the Workplace on

In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation. By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for...more

Mintz - Employment, Labor & Benefits...

California District Court Holds That LinkedIn’s “Reference Searches” Function Not a Consumer Report under the Fair Credit...

Mintz - Employment, Labor & Benefits... on

A Magistrate Judge in the Northern District of California recently handed down an important decision regarding the application of the Fair Credit Reporting Act to one of LinkedIn’s search products. The decision in Sweet v....more

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