Since past performance is often the best predictor of future performance, the best way to verify an applicant’s background and job suitability is to conduct a thorough reference check.
Today, employers are hesitant to give information about previous employees for fear of being sued. Therefore, many employers only confirm dates of employment and positions held. However,
During the past several years, we have represented employees of several clothing retailers, including sales associates working for Polo Ralph Lauren, Gap and Banana Republic, and Chico’s in California-wide class action cases. All of these cases were prosecuted under California labor law.
Many companies that use contingent workers maintain policies that limit the duration of those workers' services. Under these policies, when a contingent worker reaches a prescribed time limit, that person's services must be terminated automatically, regardless of the person's job performance, and a replacement worker must be found or assigned by a contingent labor supplier.
In In the matter of American Medical Response of Connecticut, Inc., (commonly referred to as the “Facebook firing” case), it was made clear that the National Labor Relations Board (“NLRB” or “Board”) will seek to invalidate any employer social media policy that it deems unlawfully restricts employee rights under Section 7 of the NLRA.
Here are some more legal questions which I am frequently asked by recruiting and staffing professionals. The answers are by necessity brief and simplified, and should by no means be taken as a substitute for thorough legal advice. Maybe, however, they will give you an idea as to when you need to go further in consulting an attorney.