Unemployment is high, and employment litigation is increasing. We’re seeing more wrongful discharge, discrimination, and wage cases than ever. What will you do if your business is served with a lawsuit or discrimination charge by a current or former employee? We have some suggestions that can help keep your legal bills reasonable and assist your [...]

by Steve Jones
Q: My company recently conducted an I-9 audit and found that we are missing approximately a dozen I-9 forms. I don’t know if they were accidentally purged, filed incorrectly, or never completed. Can we ask the affected employees to fill out another I-9? If so, do we ask them to backdate it or [...]

The worst-case scenario for any claim involving an employment-related decision is the “smoking gun” piece of evidence that destroys the case. It could be a notation in an interviewer’s notes that the applicant was “old” or a supervisor’s note indicating that the recently terminated employee “complained about safety issues a lot.” Because you generally have [...]

by Joseph C. Pettygrove
Employers are increasingly looking at the feasibility of scanning hard copies of various types of employment documents and retaining only the electronic copies in the routine course of business. Generally speaking, you are allowed to do that if you ensure that your electronic record maintenance systems are secure, accurate, reliable, and accessible [...]

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales.
In fact, the perception might [...]

Metadata is becoming an ever-present threat to today’s legal and business interactions. While the concept sounds daunting, it’s important to understand what metadata is, how it can be used against employers, and how to limit the associated risks.
Audio Conference: Practical ESI Management for HR: Rules for Controlling Electronically Stored Information

The following are five important topics to help you do strategic planning to improve your company’s HR functions and put those plans into action.
Audit your policies and practices with the Employment Practices Self-Audit Workbook

by Michael E. Barnsback
Local, state, and federal laws, rules, and regulations impose record-retention obligations on all employers. In the employment context, you have to retain employee hiring and termination records, payroll and benefits records, wage and hour records, immigration records (Form I-9), Occupational Safety and Health Act (OSHA) records, Health Insurance [...]

by Albert L. Vreeland
Recently, your job as Shepherd of All Things Employment became a lot more complicated (and legally risky) — for reasons you may not even be aware of. On December 1, 2006, the Federal Rules of Civil Procedure were amended to include specific provisions for handling electronically stored [...]