Question:  Does an employer need to provide temporary agency employees with a letter clearly stating that the position is temporary so as not to have the temporary agency employee think that the job is with the contracting company? Answer: Typically the temporary agency will ensure that their employees know the position they are filling is…

Question:  Where and for how long should an employer maintain background check results? Answer: Typically, employers have a couple of choices as it relates to the retention of pre-employment background checks. There is no absolute requirement that background checks be retained if the applicant is hired, and some employers will destroy the background checks once…

Question:  Can an employer terminate an employee for making a costly error years ago that has just been discovered? Answer: This answer is based upon the fact that there is no specific employment contract in place that outlines specific reasons for termination of employment and that the employer has an employment-at-will policy in place that…

Question: Is a Veteran’s Affairs ID Card plus a Driver’s License acceptable documentation for I-9 authorization? Answer: The short answer to the question is that a Veteran’s Affairs ID Card and a Driver’s License alone do not satisfy the I-9 authorization requirements. Those documents only verify the individual’s identity. The new hire will also need…

Question: If a new hire volunteers information about medical issues, can the employer ask for a doctor’s fit-for-duty certification? Answer: Exercise caution in requesting medical documentation from applicants or employees, unless the applicant or employee is specifically requesting some form of accommodation in order to do his/her job or the employer has directly observed or…

6 suggestions from Jacquie Barrett-Poindexter to turn things around at work: Believe in possibilities. Think back to a time when you first accepted your current position. Everything felt new and the possibilities seemed endless. It’s unclear how you got talked out of this idea, but after a few years of listening to lunchroom gossip and…

When your interviewer wraps up your job interview by asking if you have any questions, you might think that he or she is finished assessing you, but that’s not quite the case. Interviewers draw conclusions about you based on the questions you ask–or don’t ask. You don’t want to give the impression that you’re not…

Eight steps for handling employee religious accommodation requests from Eric Meyer: Do you know what to do if an employees comes into your office asking for a shift change or some other workplace accommodation because of a sincerely-held religious belief? In Jackson v. Longistics Transportation, Inc., a husband and wife who worked for Longistics, a…

Question: Is an employer required under the FRCA and ICRA to declare authorization for an Investigative Consumer Report? Answer: The request is whether the employer specifically has to tell the applicant that the reason for the authorization is for an investigative consumer report. Under both the federal Fair Credit Reporting Act (FCRA) and the California…

Question: Are critical illness/accident plans paid for by employers subject to COBRA now, and under health care reform? Answer: Federal COBRA comes into play when (1) the coverage is a group health plan subject to COBRA, and (2) the plan participant experiences a specific event resulting in loss of coverage.   (NOTE: Certain small employer plans,…