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More mysteries of mitigation

by Karen Sargeant and Clayton Jones Last week, we reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd., which found that an employee does not have a duty to mitigate where an employment contract contains a fixed severance entitlement but no express requirement to mitigate. The Court of Appeal […]

States challenge EEOC guidance on criminal background checks

by Joshua Wood The Equal Employment Opportunity Commission (EEOC), the agency responsible for enforcing federal employment discrimination laws, periodically issues enforcement guidance to aid employers in complying with the laws it enforces. The guidance is usually published on the agency’s website at www.eeoc.gov and can be an indication of how the EEOC will interpret or […]

Script Your Managers’ Critical HR Discussions

In sensitive HR discussions with employees, some of your managers will do best working from a script. But don’t try to write one until you’ve gotten the appropriate written policies backing it up. Yesterday’s article on the proper handling of terminations gave tips on what management personnel should and should not say in these circumstances. […]

CEO’s In-Box Could Spell Danger for HR

By Stephen D. Bruce, PHR Editor, HR Daily Advisor Just My E-pinion Many CEOs like to answer employee’s e-mail personally, but there are dangers for HR, warns HR Hero’s Technology for HR guidebook. Combine far-flung workforces and mobile computing technology, and the CEO can be literally responding to emails 24/7. There are advantages, of course, […]

Important Interview Questions You Can’t Ask, Part 2

In the last Advisor, we shared several forbidden interview questions. Today, we hit a few more and also talk about an extraordinary interviewer’s training program to help avoid these costly miscues. Untrained supervisors sitting in the interview room—who knows what they’re going to ask applicants! One thing for sure, they are nervous, and that means […]

ADA Complexity Leading to Increased Lawsuits

As the Americans with Disabilities Act enters its 16th year, compliance is more than ever the order of the day. But you need a good guide to do it right. A recent Advisor article talked about the upsurge in legal action over violations by businesses of the provisions of the Americans with Disabilities Act (ADA). […]

West Virginia: Don’t Expect Support for EFCA

by Robert Steptoe, Steptoe & Johnson PLLC Senator-elect Joe Manchin, who will fill the remaining two years of Senator Robert Byrd’s term, can be expected to oppose most of the Employee Free Choice Act (EFCA) based on an interview with the Wheeling newspaper. Manchin specifically stated, “We must retain the secrecy of the ballot.” Regarding […]

Colorado repeals state employment verification law

by Roger Tsai Colorado employers soon will be relieved of their obligation to complete and maintain the state employment verification affirmation form aimed at ensuring that new hires are legally eligible for employment in the United States. Governor John Hickenlooper signed the measure into law on June 8, and it will take effect August 10. […]

Republican landslide alters legislative, regulatory landscape in 2015 and beyond

by Burton J. Fishman The sweeping Republican victory in the midterm election promises to have a significant impact on employment legislation and regulations in the next two years. Because of the number of Republican governors and Republican-dominated state legislatures now in place across the country, the most immediate impact may be at the state level […]

Computer Security: Safeguard Your Vital Data Now

One of your employees rushes to the airport after your industry’s most important trade show. Halfway there, the worker realizes a company laptop computer was left behind in the hotel lobby, which is swarming with competitors. And that little machine is crammed with sensitive data: new product secrets, pricing information, strategic plans. Or, in a […]