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If the offending material reflected only opinions, it would not be libelous. A statement such as “this employee is not ready for promotion” reflects the supervisor’s opinion only.
→ Read MoreFilling out an application, giving reliable references, and interviewing with hiring personnel are all standard components of a job search. But what if your potential employer also asked you to take a polygraph test? Whether or not you will have to take a lie detector test depends on federal laws and your states regulations.
→ Read MoreA new arrest can show up on an employer’s background check within 24 hours of the arrest. Your case may be resolved without a conviction or dropped. There is still likely to be some record of your arrest. All it takes for your arrest to become public record is an entity making information about your arrest public.
→ Read MoreWhen I got hired, I signed a statement that if I left the firm for any reason within the first 18 months, I would reimburse, on a pro-rata basis, the relocation expenses the company paid. Are these agreements enforceable?
→ Read MoreClick for a detailed discussion of what employers can and cannot include in the application process. Generally, age is considered not to be relevant in most hiring decisions, and therefore, date-of-birth questions are improper. Both employers and employees should be aware that age is a very sensitive pre-employment question. As such, the Age Discrimination in Employment Act protects employees 40 years of age and above.
→ Read MoreMany employers use credit checks as a means of screening the background of potential hires. While troubling, this practice is legal, but the employer must follow certain procedures.
→ Read MoreIf an employee signs a non-compete work agreement, he or she can be held to its terms, at least up to a limit. Non-competition agreements are only enforceable to the extent they are reasonable in both geographic scope and time duration. Unreasonable agreements will either not be enforced or will reduced by the courts to a more reasonable level if challenged (called “blue penciling”).
→ Read MoreUnfortunately, it is not illegal to disclose another person’s criminal conviction, since a criminal conviction is public record. Anyone can disclose anything of public record,…
→ Read MoreA prospective employer can contact anyone they wish, including but not limited to your former or old boss, a co-worker, or clients or customers, about…
→ Read MoreYour employer’s non-compete/solicitation agreement is not enforceable because it covers the entire country. It has to be limited in scope and limited in geographic proximity….
→ Read MoreFind the right lawyer for your legal issue.
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