Hiring & Firing Job Applicants

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 -
News & Analysis as of

Illinois’s New “Ban the Box” Law Prohibits Asking About Criminal Histories on Job Applications

On July 19, 2014, Illinois Governor Pat Quinn signed the Job Opportunities for Qualified Applicants Act, making Illinois the fifth state to bar private employers from asking job applicants about their criminal backgrounds...more

Illinois Enacts New Law Impacting Inquiries on Criminal Background Checks

On July 19, 2014, 2014, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will go into effect on January 1, 2015. The new law will restrict the timing of pre-employment...more

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more

New Jersey’s “Ban the Box” Bill Sent to Governor Christie’s Desk; Final Version More Employer-Friendly

In December, we wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, making its way through the legislature – a law that would prohibit employers from inquiring about job...more

Rochester, New York Adopts “Ban the Box” Criminal Background Check Law

Effective November 18, 2014, the City of Rochester, New York will join various states and municipalities around the country—including Buffalo, New York—that prohibit employers from inquiring about a job applicant’s prior...more

New Jersey Senate Bill Aimed at Protecting Job Applicants With Criminal History

Earlier this month, the New Jersey State Senate Budget and Appropriations Committee advanced a bill seeking to bar employers from inquiring about the criminal history of job applicants during initial interviews and on job...more

Justice Department Remarks on Potential Discrimination Claims Arising from the Non-Hire of Work-Authorized Foreign Nationals

In a recent Technical Assistance Letter, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) comments on whether (1) an employer may, without engaging in...more

The Risks of Pre-employment Social Media Screening

An increasing number of states have recently passed laws that prohibit employers from obtaining passwords to a job applicant’s social media accounts. Such legislation highlights companies’ interest in finding out as much as...more

Is Your Dealership Taking Advantage Of Employment Arbitration?

Many dealerships try to reduce the risk of high-dollar litigation and runaway jury awards by invoking mandatory arbitration for their applicants and employees. Employees who think that they were paid or treated unfairly are...more

Baltimore Mayor Signs “Ban the Box” Law Restricting Employers from Inquiring into Criminal History of Job Applicants

On May 15, 2014, Baltimore City Mayor Stephanie Rawlings-Blake signed “An Ordinance Concerning ‘Ban the Box’— Fair Criminal Record-Screening Practices,” which prohibits any employer with 10 or more full-time equivalent...more

Social Media - The Double-Edged Sword For Screening Job Applicants

It’s become second-nature to “Google” people to whom you’ve been introduced or are planning to meet. For many employers, it’s just as easy to engage in the same process with those applying for employment. When an...more

Know the law: Background checks continue to trip up employers

Background checks can be useful tools to uncover misconduct or dishonest behavior at previous jobs or outside of work, and to determine whether an applicant possesses the positive traits desired in an employee. They...more

President Obama Wields His Executive Power Once Again to Target Federal Contractors on Pay Issues

On April 8, 2014, President Obama took two significant actions in the employee pay arena. He signed an Executive Order prohibiting federal contractors from retaliating against their applicants and employees for inquiring...more

Did You Know…San Francisco “Bans The Box”: Are Your Job Applications Up To Snuff?

San Francisco recently “banned the box” by adopting the Fair Chance Ordinance, which prohibits the popular criminal history check box on employment applications. Last year, the California Legislature passed Senate Bill 530...more

Making The Hiring Process Work

In This Presentation: - Using Social Media in Hiring Decisions ..Scenario #1 - Hiring Employees with Restrictive Covenants ..Scenario #2 - Disparate Impact ..Scenario #3 - Federal...more

EEOC and FTC Offer Joint Tips on Use of Employment Background Checks

User-Friendly Documents for Employers, Job Applicants, and Employees Explain Laws Governing the Acquisition and Use of Personal Background Information - WASHINGTON - The U.S. Equal Employment Opportunity Commission...more

To Reference or Not to Reference? - That is Almost Always the Question

The area of providing a reference for prior employees can be a mine field for employers. There is a wide array of conflicting requirements, thought processes and goals whenever we talk about references. Give a bad reference...more

Employment Law Advisory for March 5, 2014: San Francisco Follows Emerging Trend, Restricts Use of Criminal Records by Employers

On February 17, 2014, San Francisco passed a new law, the Fair Chance Ordinance, that follows an emerging trend and restricts an employer’s ability to seek and utilize information regarding the criminal records of applicants...more

Background Checks: Not Over until It’s Over!

In all the hoopla over the victory of the employer in EEOC v. Freeman (USDC, MD, Case No. RWT 09-cv-2573) it may have escaped some people that on November 7, 2013 the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

Using Social Media In Hiring Decisions: Is It Really Worth The Risk?

Employers today often utilize social media websites such as Facebook, Twitter, and MySpace to investigate job applicants (or current employees) as part of the hiring process. This article discusses the following trends and...more

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

Veterans Preference: New Temporary Rule for Oregon Public Employers

The Oregon Bureau of Labor and Industries (BOLI) recently issued a new temporary rule that addresses the veterans preference obligations of Oregon public employers. The temporary rule clarifies that job recruitment...more

New Jersey Looks to Limit Use of Criminal History in Hiring Decisions

On Monday, December 16th, the New Jersey Assembly Labor Committee advanced the Opportunity to Compete Act, a new bill that would prohibit New Jersey employers from inquiring about criminal history on a job application or...more

Do I Really Have To Keep All These Employment Records?

We are frequently asked how long an employer should retain employment records. Employers need to keep them as long as they are required, but obviously don’t want to retain and store any records longer than they have to....more

Bay State Milling Company to Pay $80K to Settle EEOC Hiring Discrimination Case

Indiantown, Fla., Milling Company Refused to Hire Qualified Applicant Based on His Age, Federal Agency Charged - MIAMI - Bay State Milling Company, a major flour and grain producer, will pay $80,185 and furnish other...more

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