Category Archives: Background checks

Can Individual Managers Be Held Liable for Wrongful Discharge? The Answer May Surprise You

By Jonathan Mook Virtually all states recognize a common law tort claim of wrongful discharge in violation of a state’s established public policy. In most instances, a lawsuit alleging such a claim is brought solely against the plaintiff’s former employer….

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A Stream of Guidance on Shy Bladder Syndrome

What is HR to do when a job applicant or worker claims to have shy bladder syndrome and refuses to urinate in a cup as part of a drug test? Consider testing the worker’s hair or saliva instead, according to…

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Despite Phony Divorces, Pension Plan Must Pay Spousal Benefits

Retirement plan administrators do not have the authority to conclude that a domestic relations order (DRO) is not qualified because it is based on a “sham” divorce, the 5th U.S. Circuit Court of Appeals decided July 18, 2011. The 5th…

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Special Issues in Conducting Workplace Investigations

The truth is rarely pure and never simple (Oscar Wilde once said), and nowhere is that more true than when investigating workplace allegations of harassment, theft, discrimination, safety violations or substance abuse. Here are a few tricky situations that pose…

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The FLSA Won’t Help You Because You Don’t Work Here

If you find out during the hiring process that an applicant blew the FLSA whistle on his or her former employer, you can probably pull the plug on that applicant, EVEN if you already sent him or her an offer…

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