Your Disclosure for Obtaining Consumer Reports should not contain a liability waiver. It would be wise to review your disclosure and made sure it does not contain wording similar to that contained in the following two cases. In a recent court case Sarmad Syed v M-I, LLC waiver of liability in FCRA disclosure “The panel held […]
Employers Can Be Held Liable for Negligent Retention
Employers can be held liable for negligent retention when they knew or “should have known” if an employee has a reasonable propensity to injure members of the workforce or of the public. Why? Because of the concept of respondeat superior. This means the injury would not have occurred had the employer not put the employee […]
EEOC Requirements for Criminal Record Searches. Comply the hard way or the easier way!
EEOC requirements mandate that employers keep records that will disclose the impact its employee selection procedures have on equal employment opportunities. Crothall Services Group, Inc., a nationwide provider of janitorial and facilities management services based in Wayne, Pa., was allegedly in violation of federal law requiring it to maintain appropriate records. According to EEOC’s complaint, […]
How Long Do Illegal Drugs Stay in the System?
Many want to know how long illegal drugs stay in the system. I recently attended a seminar on illegal drugs in the workplace. The speaker mentioned that marijuana stays in the system for 30 days. He explained that this is so because marijuana is a fat-soluble substance that stays in the fat cells of the […]
Faulty Background Checks are Costly!
Faulty background checks can include doing the right things but not doing the right things in a timely manner. In a class action lawsuit against Starbucks, the plaintiff alleges that Starbucks was negligent in its timely execution of adverse action steps under the Fair Credit Reporting Act (FCRA) The Federal Trade Commission provides some basic […]
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