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Employment Law

A Tale of Two Reference Check Responses — Liability for One, But Not the Other

Written on 10 Feb, 2010 at 6:00

The Lawsuit Alleging Misrepresentations in Responding to Reference Checks In a 2008 federal court of appeals case, two medical employers responded to reference checks for the same anesthesiologist, Dr. Robert Berry. Dr. Berry was then hired by the inquiring hospital, where... (Continue reading)

Negligent Hiring Claim: California Case Demonstrates Outer Limits to Liability

Written on 5 Jan, 2010 at 6:00

This California Negligent Hiring Decision Is Potentially Relevant To All Employers, Wherever They Are Located Avoiding negligent hiring lawsuits is an important subject to anyone concerned with risk management in connection with employment decision making. It is a major reason for... (Continue reading)

Ricci v. DeStefano, a/k/a The New Haven Firefighters’ Case, Part I:
The Basics: the Facts and Holding of the Ricci case

Written on 6 Jul, 2009 at 15:41

There’s no way I can get the “scoop” on what has been perhaps the most eagerly awaited Supreme Court decision of the term: Ricci v. DeStefano, No. 07-1428 (June 29, 2009). Since the Court’s 5-4 decision was announced last week, it’s... (Continue reading)

Male Sex Stereotyping: Going Where No Man Has Gone Before

Written on 8 Jun, 2009 at 5:30

The following guest post is by attorney Ellen Simon, who has been listed as one of The Best Lawyers in America for her landmark work representing individuals in precedent-setting cases. Ellen blogs at the Employee Rights Post. Stereotyped Statements As Discrimination... (Continue reading)

Job Applicant Rejection Letter Dos and Donts — Writing an Appropriate “Dear John” Letter to an Unsuccessful Applicant

Written on 31 May, 2009 at 12:53

Back in 2006, we covered the topic of applicant rejection letters in a post linking to an article in Assessment Council News (Considerations in Rejecting Applicants, on p.4). Since today’s economy is resulting in more applications — and thus more... (Continue reading)

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