mitigating liability

May 31, 2012

Categories

Compliance

Criminal Background Checks Update

An employer can be legally responsible for an employee’s wrongful acts. Negligent hiring is a claim made against an employer based on the premise that an employer knew, or should have known, an employee was likely to behave inappropriately toward other employees. Criminal history is a routine background check made prior to a hiring decision to avoid negligent hiring. The Society of Human Resource Management (SHRM) surveyed more than 400 of its members and revealed 73% conduct a criminal history of potential employees. Criminal histories have become common for reasons beyond limiting legal exposure to negligent hiring. Conducting a criminal […]

March 28, 2012

Categories

Compliance

Working Alcoholics

Many employers turn a blind eye to employees who are suspected of abusing alcohol, even when it may interfere with work performance. Each employee situation is unique. The lack of clear legal guidelines adds difficulty and often results in managerial abstention. Alcoholism, or alcohol dependence is a disease. Its symptoms include craving; the inability to limit one’s drinking; physical dependence identified by withdrawal symptoms; and tolerance, requiring greater quantity to feel satiated. The Americans with Disabilities Act Amendments Act (ADAAA) defines a person with a disability as having a physical or mental impairment that substantially limits one or more life […]

January 4, 2012

Categories

Compliance

Driving While Distracted

The National Highway Safety Administration (NHTSA) estimates 25% of automobile crashes are caused by cellphone usage distracting the driver. The New England Journal of Medicine published a study in 1997 that concluded the risk of using a cellphone while driving was similar to driving while intoxicated. Cellphone use while driving has been a criminal offense in Great Britain since 2003. Usage in Japan may result in imprisonment. Only a few states in our country have prohibited any hand-held cellphone usage while driving. However, the majority of the states, including Indiana have banned texting while driving. The U.S. Secretary of Transportation, […]

August 25, 2011

Categories

Compliance

Uncharted Territory

The worldwide web was made available to the public thirty years ago. In 1997, the first social network site, Six Degrees.com was launched. LinkedIn and MySpace launched in 2003. Facebook finally opened to everyone in 2006, along with Twitter. The term Social Media is frequently used narrowly to describe activity on Social Network Sites. Social Network Sites are web -based services that allow people to construct a personal or professional profile, develop a list of other users with whom they share a connection, and view and interact with their connections and others’ connections. It’s email on steroids. A survey conducted […]