What steps should an employer take to help avoid bringing a potentially troublesome employee onto the payroll?
Ohnegian: A thorough and detailed employment application is the first step. That doesn’t come without pitfalls because an employer cannot ask some questions without running afoul of anti-discrimination, privacy and other laws. The application must be tailored to job-related questions, detailed enough to identify the employee’s history and framed to give the employer enough information to conduct an independent investigation post-offer but pre-hire. In all cases, the investigation should include a reference check. Depending on the circumstances, a credit and a criminal background check are also advisable. If the position requires advanced degrees or involves professional certificates or licenses, the employer should do its due diligence to confirm that the applicant has all the required qualifications. Before inquiring into an applicant’s background, a signed authorization should be obtained to negate any later claim that the employer violated the applicant’s privacy rights. Another imp
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