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What Are Pre-Employment Tests and What Do you Need to Know?

What Are Pre-Employment Tests and What Do you Need to Know?

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Home Page > Business > Human Resources > What Are Pre-Employment Tests and What Do you Need to Know?

What Are Pre-Employment Tests and What Do you Need to Know?

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Posted: May 10, 2010 | Views: 254 |

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 What are pre-employment tests?

They are tests that organizations give to job applicants to help them hire employees who are productive, dependable, and low-turnover. 

What does research say about pre-employment tests?

Research on pre-employment tests and other prediction methods indicate pre-employment tests are the most method to accurately predict how an applicant may perform on-the-job, if hired. 

In contrast, interviews typically are a lousy method to predict an applicant’s job performance. 

Also, reference checks, unfortunately, are quite useless, because many companies refuse to reveal negative information about their former employees.

Why are pre-employment tests so accurate at predicting actual job performance?

Pre-employment tests that work well are created after doing In-depth research.  The research is done find out which test questions work best in the test, plus make sure the test is both reliable and valid.

What is pre-employment test validity and reliability?

Use pre-employment tests only if they were created using research to establish the test is both (a) valid and (b) reliable. 

Validity of a pre-employment test means the test accurately predicts or forecasts exactly what it is meant to predict.  For example, if one scale or section of the pre-employment test aims to predict if a job applicant is teamwork-oriented, then that test scale is valid only if accurately measures how much or how little an applicant likes teamwork.  Or, if a test scale helps predict Problem-Solving Ability, then that Problem-Solving Ability section must be a valid or accurate measure of Problem-Solving Ability.  If a test scale helps predict Theft/Stealing concerns, then it needs to be a valid or accurate prediction of an applicant’s possible Theft/Stealing behavior.

Reliability of pre-employment tests is different than validity.  Reliability of a pre-employment test can be established through research in a number of ways.  In general, reliability means a test reliably or consistently measures what it is supposed to measure.  For instance, if multiple questions predict Teamwork, then those Teamwork questions must overall measure Teamwork and not some other factor.  Also, test-retest reliability means that if a job applicant takes the pre-employment test one day and then takes the same test at a later date, e.g., a month later, then the applicant’s scores should be the same in at both times. 

In summary, use pre-employment tests only if they were created using research to establish the test is both (a) valid and (b) reliable. 

What “Assessments” Are NOT Pre-Employment Tests?

Pre-employment tests are specially researched and created specifically for testing job applicants. 

In contrast, some organizations mistakenly use “assessments” meant for training or teambuilding with current employees when they evaluate job applicants.  This is wrong to do – for a number of reasons.  For instance, such “assessments” are not researched, designed, nor justifiable for pre-employment testing of job applicants.  Also, if any question is raised about the use of such “assessments,” the organization certainly may have a very hard time explaining why it used an “assessment” meant for training or teambuilding to evaluate job applicants. 

So, only use pre-employment tests that actually are researched and designed to test job applicants.  Do not use “assessments” that are not researched, designed, meant for, nor justifiable in your evaluation of job applicants.

What Types of Pre-Employment Tests Might I Use?

Three types of pre-employment tests can help you hire the best.

1.  Mental Abilities Tests – help you predict job-related cognitive abilities, such as

            a.  Problem-Solving Ability

            b.  Vocabulary Ability

            c.  Arithmetic Ability

            d.  Grammar, Spelling & Word Use Ability

            e.  Ability to Handle Small Details with Speed & Accuracy

2.  Behavior Tests – help you predict key interpersonal skills, personality traits, and motivations:

            a.  Interpersonal Skills

                        Friendliness

                        Assertiveness

                        Teamwork

            b.  Personality Traits

                        Following Rules & Procedures

                        Poise Under Pressure

                        Optimism

                        Calm vs. Excitable

                        Feeling-Focus vs. Fact-Focused

            c.  Motivations

                        Money Motivation

                        Helping People / Service Motivation

                        Creativity Motivations

                        Power Motivation

                        Leaning / Knowledge Motivation 

3.  Dependability Tests – help you predict key factors, such as,

            a.  Honesty on test

            b.  Work Ethic

            c.  Impulsiveness [may be linked to safety, accidents, & interpersonal conflict]

            d.  Stealing / Theft concern

            e.  Substace Abuse concern

Will Pre-Employment Test “Catch” Job Applicant Who Lies on Test?

A correctly designed pre-employment test will detect – or find out – if an applicant lied by giving answers that may make the applicant seem “better or different” than the applicant really is. 

In sharp contrast, “assessments” designed for training or teambuilding – and not for pre-employment testing – do not have such a built-in lie detector.

A good pre-employment test can use  number of methods to “catch” a job applicant who tries to answer its questions dishonestly.  Perhaps the best method involves using a set of truism questions. 

You will not “catch” a lying job applicant if you only rely on whether or not the applicant answered different versions of the same question the same.  For starters, when  test asks different versions of the same question, that is for (a) creating a scale on that topic and also (b) reliability.  Here is why that will not catch a lying or dishonest applicant:  The liar could consistently answer those questions dishonestly. 

Recommendation:  Always ask the Business Psychologist who created the pre-employment test how the test will “catch” or detect if an applicant answered questions to “pull the wool over your eyes.”

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Michael Mercer, Ph.d. -
About the Author:

Michael Mercer, Ph.D., is a nationally recognized expert on hiring the best using pre-employment tests.  His 5 books include “Hire the Best – & Avoid the Rest(tm).” 
Dr. Mercer created 3 pre-employment tests – tests to help companies hire outstanding employees:  (1) Abilities Forecaster(tm) Test, (2) Behavior Forecaster(tm) Test, and
3) Dependability Forecaster(tm) Test. 

You can get information – or answers to your questions:
>  see website = www.MercerSystems.com
>  talk with Dr. Mercer = (847) 382-0690

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Can the employer do the drug testing in Texas or does it have to be done by a drug/alcohol testing company?

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I am so pleased that you are finding useful information on our blog. Because of the current job market, I am adding a new site to help with Future Career Development Planning (http://www.myfuturecareerdevelopmentplanningsite.com) and have started a Facebook group - Career Development Planning for the future. I hope you will check out our new site or join our group on Facebook. Many of you might disagree with some of the information on this blog. Don't hesitate to post where you feel the information is incorrect, as we appreciate the discussions that come from the difference of opinion of our readers.

Employment Law for Employees

Employment Law for Employees

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Home Page > Law > Employment Law for Employees

Employment Law for Employees

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Posted: May 15, 2010 |Comments: 0
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If you are a UK employee and feel like you have been treated unlawfully at work then it is advisable to seek legal advice as soon as possible. An employment law solicitor will be able to help you with your problem and advise you as to what claims you might be able to make. If you do have a claim against your employer, the solicitor will proceed to advise you on whether or not it is worth following up and what the next stage in the process will be.

You will need to be prepared to provide your solicitor with the following details:

- Length of time you have worked for your employer

- How much you earn

- Your Job Description and Contract of Employment

- Details of your problems at work

- What events have led to your current situation

- Any relevant documents that you have or that are not in your possession

- What you have done so far to try to resolve the matter

RESOLVING PROBLEMS INTERNALLY.

If possible you should try to sort out your problem through internal company grievance procedures to allow matters to be sorted out quickly.

If you have attempted to solve the matter internally then you are more likely to have your case heard by the employment tribunal. You can either do this directly or we will write to your employer on your behalf.

If you can reach an agreement with your employer without going to a tribunal, this can be recorded in a “compromise agreement”. This is a legal document which confirms the terms of the settlement you have agreed, in exchange for which you will give up your legal claim against your employer.

EMPLOYMENT TRIBUNALS.

If you are unable to resolve matters internally, it may be necessary to take your case to an employment tribunal.

If you do take matters to an tribunal, there is normally a three month deadline from the date of the events you are complaining about. Under certain circumstances this can be extended, for example if your claim concerns redundancy payments, in which case you have six months to lodge the claim with a tribunal.

An employment tribunal is chaired by a lawyer and made up of two independent ‘wing’ members with experience of employment relations.

The employment tribunal will look at the merits of your case along with any evidence to determine whether they think it is justifiable in law to bring the claim against your employer.

They will take into consideration what policies/procedures your employer has for dealing with problems at work, what steps you and your employer have already taken to try to resolve the problem and you and your employer’s behaviour throughout the time you were employed.

Most case hearings will be finished in one day. Conclusions are reached via a majority decision and are normally announced to both parties straightaway.

In cases of unfair dismissal, tribunals have the authority to enable you to either get you reinstated in your job or to order a compensatory award.

UK employers don’t always understand employment law and often fail to stick to proper procedure or to properly compensate their employees from losing their job. A good compromise agreement solicitor will be able to negotiate with your employer with the mutual aim of resolving the dispute, meaning that neither party will have to attend an employment tribunal – in many cases such a compromise agreement will enable a higher compensation payout than from a tribunal, especially when considering the reduction in legal fees. Any employee who has been dismissed, should always seek the advice of experienced employment law solicitors before taking any action or signing any agreement.

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Bonallack & Bishop are specialist UK compromise agreement solicitors with a wide experience of employment law claims. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 12 years and has strong plans for its continued expansion.

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What do employers expect from employees?
What are the four most important aspects of employment law in a HR recruitment environment?
I heard that an Employer told someone they could not use there personl car on there 15 minute break because they are being payed for it. Is it breaking the law for the employer to have such polices

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Find Employment History – Tips for Success

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Posted: Oct 01, 2010 |Comments: 0
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Reasons to Find Employment History Information

If you need to find employment history on yourself or someone else, you likely already know why. Your reason is but one of many reasons why people lookup employment records. Typical reasons include:

To verify employment information provided on job applications and resumes
To verify eligibility to work in the United States
To determine employment status for lending purposes
To see what your potential employers and lenders look at when making hiring and lending decisions
To ensure accuracy
To find out if a person has large gaps in employment or criminal records
To determine insurance risk
To find out if a potential mate has solid record of continuous employment

 

Find Employment History on Yourself

Once you find employment history, or someone else has found an employment history on you, that information can influence decisions ranging from hiring and lending to whether or marriage and beyond. Because others may make major decisions based on what your employment history contains, it’s wise to run an employment history or complete background check on yourself periodically. Doing so provides you with the same information and alerts you to any inaccuracies that may need to be corrected or addressed.

 

Find Employment History on Others

You may also want to find employment history on others. For example, if you are considering renting your home, running an employment history on potential tenants could provide you with insight as to their past and current employment status. For legal purposes, obtaining consent to conduct a background check is highly recommended.

 

What to Expect When You Find Employment History

When you run a background check and find employment history, you’ll have access to a great deal of information. This information is generally gathered from a variety of public record databases. Depending on how you conduct your search, employment information could include:

Current employment status
Records of unemployment
Records of disability
Reasons for termination
Workplace accidents
Employer-related lawsuits
Sexual harassment claims
Pension contributions
Tax payments
Wage garnishments
And more.

 

If you conduct a comprehensive background check, you could even find criminal records, marriage records, property tax records, and other public information that will give you a broader profile of the individual you are researching.

 

How to Find Employment History

In order to find employment history, you will either need to hire a private investigator, purchase a background check from a provider specializing in background investigations, or do the work  yourself by accessing public records directly. Public records are available from multiple sources including courthouses, city and county clerks’ offices, state bureaus, federal agencies, and online databases. Depending on the type and frequency of record searches you intend on doing, it may make sense to subscribe to an online public records service that grants you access to a slew of public records databases.   

 

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Free Records Registry makes it easy to find employment history. With access to public records databases, you can conduct your own employment history search or check the background of job candidates, renters, borrowers, or potential mates.

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Lots to cover in this update: immediate plans on how to recover from being laid off this week, what I’m planning to do to make money, what YOU can do to help, and more! Plus all the new games that are coming out soon and my plans to return to a few old things.

I am so pleased that you are finding useful information on our blog. Because of the current job market, I am adding a new site to help with Future Career Development Planning (http://www.myfuturecareerdevelopmentplanningsite.com) and have started a Facebook group - Career Development Planning for the future. I hope you will check out our new site or join our group on Facebook. Many of you might disagree with some of the information on this blog. Don't hesitate to post where you feel the information is incorrect, as we appreciate the discussions that come from the difference of opinion of our readers.

Information Of Pre-Employment Screening Services

Information Of Pre-Employment Screening Services

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Home Page > Business > Small Business > Information Of Pre-Employment Screening Services

Information Of Pre-Employment Screening Services

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Posted: Apr 07, 2010 |Comments: 0
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Pre-employment screening is a necessary hiring practice to avoid lawsuits and costly hiring mistakes. Gone are the days of a simple reference check and a few phone calls to screen new employees. Employers understand the growing need of professional pre-employment services; improper background checks could result in serious ramification to the companies however small and large.

Gone are the days, when employees were hired on the basis of the interview conducted and few phone calls to previous employers, in today’s times, proper background checks are conducted; their documents are properly verified and hence they are hired. The employers can also outsource pre-employment screening services, hiring an outsider helps in getting accurate and complete information on the prospective job seeker. It is advisable that the employers gather requisite information before hiring or outsourcing pre-employment services.

The system can integrate with the Employment Screening Services highly regarded Internet Report Access System to make the background checks on selected applicants a paperless process.

Pre-employment screening services offered include:

Criminal history (felony & misdemeanor)
Social security history
Education verification
DMV checks (where permissible)
Drug testing
License/certificate verification
Credit screening (in accordance with FCRA limitations)
Employment and residential history verification

A company hiring an employee looks at a candidate’s merits, giving less importance to their background that can becomethe cause of major problems. These service providers help provide the right information by screening the employee’s past criminal history, fraudulent social security numbers, untruthful resumes, falsified employment applications, etc. The reports given are accurate and legal compliant.

This service can be provided online and include employment drug screening and back ground checking. Small businesses that skimp on careful hiring practices will pay for it later. Fortunately, pre-employment background checks, a critical tool for preventing fraud and eventual legal hassles, are easier and more affordable than ever before. Background screening goes beyond traditional reference checks and looks at such things as criminal and driving records, credit reports and whether applicants actually have the work and education experience they claim.

This service helps companies reduce hiring risks, increases efficiency and ensures employment of the right candidate. The staff at these servicing companies is professional, specialized in screening applicants within numerous industries, including all types of medical, technical, administrative, production, financial and management positions. The services include verification of employment, education, references and professional licenses, driving records, drug screening, credit history, civil history, criminal background checks and more.

There are certain limitations from which a company may know of. Read more about employment screening services to know which information can be asked from you and which are supposed to for your eyes only. There are varying background reports being done by companies conducting employment screening services. There is the verification of the social security number of the applicant while some gets into a detailed account of history and acquaintances of the applicant or employee. At the same time, because of the popular of social networking websites like Facebook, Friendster, MySpace, etc., employers are already checking profiles of the employee or would be employee through such ways.

Now that you know the information that may be asked from you, here is the information that should not be included in employment screening services. Carefully analyze the job and develop a list of desirable traits an ideal employee would have. If there are qualifications that will weed out potential applicants, such as degree or licensing requirements, list those as well. Determine whether those qualifications can be adequately screened for before employment and if the cost of developing screening mechanisms is a necessary investment. Consider which methods are best suited to identify or weed out applicants based upon the qualifications and traits already identified.

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credit-check-services.co.uk providing <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.credit-check-services.co.uk/employment/”>employment screening</a>, Tenant and Consumer Credit Check Services, <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.credit-check-services.co.uk/employment/”>employment screening checks</a>, landlords to check employee and identity, risk ratings, bankruptcy.

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Information About Pre-Employment Screening Services .what Is Pre-Employment Screening

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Home Page > Finance > Information About Pre-Employment Screening Services .what Is Pre-Employment Screening

Information About Pre-Employment Screening Services .what Is Pre-Employment Screening

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Pre-employment screening is a necessary hiring practice to avoid lawsuits and costly hiring mistakes. Gone are the days of a simple reference check and a few phone calls to screen new employees. Employers understand the growing need of professional pre-employment services; improper background checks could result in serious ramification to the companies however small and large.
Gone are the days, when employees were hired on the basis of the interview conducted and few phone calls to previous employers, in today’s times, proper background checks are conducted; their documents are properly verified and hence they are hired. The employers can also outsource pre-employment screening services, hiring an outsider helps in getting accurate and complete information on the prospective job seeker. It is advisable that the employers gather requisite information before hiring or outsourcing pre-employment services.
The system can integrate with the Employment Screening Services highly regarded Internet Report Access System to make the background checks on selected applicants a paperless process.
Pre-employment screening services offered include:
Criminal history (felony & misdemeanor)
Social security history
Education verification
DMV checks (where permissible)
Drug testing
License/certificate verification
Credit screening (in accordance with FCRA limitations)
Employment and residential history verification
A company hiring an employee looks at a candidate’s merits, giving less importance to their background that can becomethe cause of major problems. These service providers help provide the right information by screening the employee’s past criminal history, fraudulent social security numbers, untruthful resumes, falsified employment applications, etc. The reports given are accurate and legal compliant. This service can be provided online and include employment drug screening and back ground checking.
Small businesses that skimp on careful hiring practices will pay for it later. Fortunately, pre-employment background checks, a critical tool for preventing fraud and eventual legal hassles, are easier and more affordable than ever before. Background screening goes beyond traditional reference checks and looks at such things as criminal and driving records, credit reports and whether applicants actually have the work and education experience they claim.
This service helps companies reduce hiring risks, increases efficiency and ensures employment of the right candidate. The staff at these servicing companies is professional, specialized in screening applicants within numerous industries, including all types of medical, technical, administrative, production, financial and management positions. The services include verification of employment, education, references and professional licenses, driving records, drug screening, credit history, civil history, criminal background checks and more.
There are certain limitations from which a company may know of. Read more about employment screening services to know which information can be asked from you and which are supposed to for your eyes only. There are varying background reports being done by companies conducting employment screening services. There is the verification of the social security number of the applicant while some gets into a detailed account of history and acquaintances of the applicant or employee. At the same time, because of the popular of social networking websites like Facebook, Friendster, MySpace, etc., employers are already checking profiles of the employee or would be employee through such ways.
Now that you know the information that may be asked from you, here is the information that should not be included in employment screening services. Carefully analyze the job and develop a list of desirable traits an ideal employee would have. If there are qualifications that will weed out potential applicants, such as degree or licensing requirements, list those as well. Determine whether those qualifications can be adequately screened for before employment and if the cost of developing screening mechanisms is a necessary investment. Consider which methods are best suited to identify or weed out applicants based upon the qualifications and traits already identified.

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credit-check-services.co.uk   providing <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.credit-check-services.co.uk/employment/”>employment screening</a>, Tenant and Consumer Credit Check Services, <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.credit-check-services.co.uk/employment/”>employment screening checks</a>, landlords to check employee and identity, risk ratings, bankruptcy.

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When An Employee Should Contact An Employment Solicitor

When An Employee Should Contact An Employment Solicitor

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Home Page > Business > Business Ideas > When An Employee Should Contact An Employment Solicitor

When An Employee Should Contact An Employment Solicitor

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Posted: Jun 17, 2010 |Comments: 0
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An employment solicitor plays a very crucial role for an employer or employee with a claim pertaining to employment; if you are an employee and you feel your employment rights have been breached or an employer wanting to avoid an employment tribunal claim. But first it is important for you to have the basic understanding of employment laws which apply before consulting a solicitor specialising in employment.

The employment contract is the basis of your relationship with your employer, and included in the contract will be your terms of employment, commission and bonus payments and restrictions and regulations. Before filing a claim, you need to know whether your employer has breached an employment right and it is important to have some evidence when consulting an employment solicitor. The five main reasons that can prompt you to contact an employment solicitor are:

1. Unfair dismissal: This is the most common claim seen in the Employment Tribunal, and there are many reasons why you may feel you have been dismissed unfairly. It is important to establish the following; is your claim within the time limits, have you worked for a year, are you part of an excluded group; are you working as an employee or you are on contract, is the reason used by the employer potentially fair, have you been dismissed already and was there fairness during dismissal

2. Redundancy: If you have been employed for more than a year, you are able to file for unfair dismissal, but for you to receive a redundancy payment you need to have at least worked for two years continuously. Unless the whole business is closing down, the employer should give you a warning, ensure the selection criteria is just and fair, be objective, selection procedure should be fair and the employer should try to make offers for alternative employment.

3. Discrimination: This can be on the basis of religion, sex, age, disability, race, religion or sexual orientation. If your employer treats you unfairly at you work place and you are not able to show it is because of one of the above reasons then you cannot have a claim for discrimination. If you are not sure consult a solicitor specialising in discrimination and employment law such as Stone Joseph Solicitors one of the most recognized Employment solicitors in London to discuss your claim.

4. Wrongful dismissal: This is a claim based on wrongful dismissal for breach of employment contract. Read your employment contract and see if the employer has breached any of your terms; the most common is dismissal without notice.

5. Constructive Dismissal: This is when you leave your employer because of his behaviour, this is a difficult claim to win and before you resign it is advisable to speak to an expert employment solicitor. You should resign in writing but before that speak to your manager or someone in Human Resources department and write down notes of your conversation.

Your solicitor should be approachable, committed and professional, at Stone Joseph Solicitors there is a group of specialised employment solicitors who are ready to give you expertise advice and ensure you succeed in your claim.

 

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Mary Short is a writer for employmentsolicitors.co.uk who are employment solicitors specialising in employment law in the UK.

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What is the best way to target a promotional campaign (considering all forms of advertising and promotion) of a local auto shop services specifically to employees of local corporate employers?
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Home Page > Marketing > International Marketing > Basics of Employment Law

Basics of Employment Law

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As an employer, it is important to understand employment law and procedure, to avoid a claim and having to use employment solicitors.

 

Whether you are an employee or employer, the first step is to have an understanding of at least the basics of employment law.

 

For employees, the second step is to understand the strategic advice that employment solicitors can give you.  This is the practical side of employment law – your employment solicitor can tell you how to gather evidence to prove a breach of your employment rights, how to position your case and increase the likelihood of resolving your employment claim at the earliest opportunity.  If you are able to successfully achieve the recommended litigation strategy, then the likelihood is that your legal costs will be much reduced and you will have a successful outcome more quickly.  See Employment Law Practice for some quick pointers to help you.

 

As an employer, the second step is to understand the likely scenarios that may result in you defending a claim in an employment tribunal.  Whether the claim is for discrimination, unfair dismissal, constructive dismissal or wrongful dismissal you want to avoid the usual pitfalls that allow an employee to make a claim.  Without an employer making a mistake as to the procedure or the law, there would not be any successful employment claims.  We set out some practical guidelines and tips for employers to help avoid compensation claims – to find out more see the information under Employment Law in Practice.

 

Employment law is a specialized area of law and you should always seek the advice from an employment solicitor to receive expert guidance tailored to the specific issues of your case.

 

We believe that we can make a genuine difference by achieving a significant settlement or guiding you easily through employment law to avoid a claim.  Our clients appreciate our fresh approach and we hope that you will enjoy speaking to an employment solicitor who takes your perspective.

 

 

The vast majority of employment law problems involve a story of only a few relevant facts.  As specialized employment solicitors london, we strongly advise that you discuss your employment issues at the earliest opportunity, so that you can take informed decisions within the context of understanding the recommended litigation strategy.

 

Our approach is that we prefer to conduct an initial telephone consultation to assess your legal issues and only if we think that it is worthwhile will we take it further and have a meeting.

 

Not everyone is well versed with the employment law of London. For this there are special employment law solicitors, and redundancy law solicitors. London employment law solicitors help the companies in formulating contracts and preparing the staff handbook as the per the city’s law. These people have the necessary experience in dealing with issues related with service very keenly. They will help you in exactly help in putting the needs of both the recruiter and staff member legally & also see that no one is breaching the terms of contract. Only in special cases the redundancies or dismissal of an employee occurs.

 

But at times, company needs to dismiss the employee due to special reasons. One such situation is happening all over the world right now. This years’ global financial crisis has resulted in lay off plans by most of the companies. Therefore, it becomes necessary both for employees or employer to handle the things legally. As an employee it is very important for you to know your “employment rights”.

 

Recently, there have been more hue and cries from the employee’s side. People are handed over with the pink slip within seconds. If you have been one of them and think that upon suing the company you can get back the job or the compensation, well hire a good employment lawyer now. At times, we fail to interpret the legal language rightly and as the results see that everything is in on our side. But things are not that easy as one sees them. Even a single word has many synonymous and a comma can make a difference. But always the companies are not at fault. Usually the companies have some employment policies mentioned in the staff books, which needs to be checked for the recent changes. So beware. A good solicitor will study the things carefully and tell you what exactly can be done.

 

While selecting a good lawyer or a law firm, it is necessary for one to do to bit of homework. Don’t be surprised it is one of the preliminary things that will help you in winning a case.

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I am Mohan read mathematics at Stanford and remained there for his MS. From 1998-1999 on researched in Evolution and in Animal Behavior in  Camrbidge, UK. I was was then a professor in the departments of Anthropology and Biology, New Jersy College, USA. Now teaches at the department of Zoology. Carried out research in several areas of evolutionary biology, particularly in sexual selection and the comparative method.

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What are the four most important aspects of employment law in a HR recruitment environment?
I heard that an Employer told someone they could not use there personl car on there 15 minute break because they are being payed for it. Is it breaking the law for the employer to have such polices
I am on permanent disability. I qualified for mortgage through a no dock loan 5 years ago. My common law husband pays the mortgage. He is self employed, income varies. Can he be on my HAMP ?

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Helping People through Employment Tribunal Claims

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Home Page > Law > Cyber Law > Helping People through Employment Tribunal Claims

Helping People through Employment Tribunal Claims

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Posted: Dec 16, 2010 |Comments: 0
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Helping People through Employment Tribunal Claims

It is a shame when a relationship turns sour. In professional relationships, things can and do break down on a regular basis. When it comes to employment, workers and employers both expect to be treated in a professional and fair manner. But up and down the country this wish is ignored, which is why employment tribunal law is so important.

Employment tribunal claims deal with disputes in the workplace and the decisions made in a hearing are legally binding. There is a range of reasons why a case could be referred to an employment tribunal. Unfair dismissal is usually one of the most common cases that get referred, and employment tribunal solicitors will always find the best ways of dealing with these cases so that the best of interests of everyone involved are considered.
Getting Important Guidance from Employment Tribunal Solicitors

As with any court case or legal situation, an employment tribunal can be very nerve racking. But this does not have to be the case, as help is available from specialist sympathetic employment tribunal solicitors. London based law firms usually have dedicated and highly experienced solicitors who are experts in employment tribunal law.

Their job is to put the client at ease; fully explain the whole process and what will happen; detail the chances of success and impart a range of other helpful tips, all of which are designed to leave the claimant as worry free and as much in the know as possible. Employment tribunal claims are common, but the claimant must have good legal representation to ensure success. Employment tribunal solicitors will be more than happy to help anyone through the experience of an employment tribunal.
Making Employment Tribunal Law Straightforward

Unless the claimant is a legal professional themselves, most people find employment tribunal claims difficult to complete on their own. Employment tribunal solicitors aim to make the whole process go as smoothly as possible and of course aim to emerge successful at the end. Claimants’ chances of success in employment tribunal claims are dramatically increased with the help of the best, most experienced employment tribunal solicitors. London residents and those based around the country should seek their help without delay should they be facing a dispute at work.

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Racial Discrimination Related Victimization in Employment

Racial Discrimination Related Victimization in Employment

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Racial Discrimination Related Victimization in Employment

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Posted: May 29, 2007 |Comments: 0
| Views: 1,639 |

RACIAL EQUALITY VICTIMIZATION IN EMPLOYMENT

Race relations victimization is different than color discrimination or ethnic discrimination or racial harassment or racial segregation -race victimization or color victimization need not include discriminatory practices to be illegal ~it need only be about race equality.

It is possible for one in race relations law, even if not subjected to race discrimination, to suffer unlawful race relations victimization, entitling to legal remedies.

Race relations victimization is, on its own, contrary to nondiscrimination policy -in race equality legislation under the Race Relations Act, and in employment law, unlawful.

In race relations laws also workplace victimization can be without race discrimination or racial abuse; and, employment tribunal compensation for race relations victimization, if it is with racial discrimination or ethnic relations abuse -be it racial segregation or color discrimination or ethnic prejudice or any other kind of racist abuse, for ‘injury to feelings’ is limitless -racial victimization exempts on its own from a year’s service requirement to sue, if terminated, also for reinstatement.

Only indirectly is race relations victimization to do with one’s color, race, ethnicity, religion, nationality, citizenship; it is not directly about racism in ethnic relations, racial segregation, race equality, as such -it is about detriment over concern with those at the workplace caused one by way of retaliation, and because it is about race equality it is called race relations victimization.

Race relations victimization is, in racial equality legislation -under the Race Relations Act, basically, this:-

If one complains…

…that one has been, or is being, treated less favorably on racial grounds by one’s employer -to the employer or to a tribunal or to the race relations board or seeks advice from the advisory arbitration and conciliation service (or friend or colleague -or anyone)…

…or if one agrees to, e.g., give evidence or support anyone, or lawfully do anything, in relation to race discrimination to the detriment or possible detriment of the employer…

…or if one does not do any of those things but is suspected by the employer that has done or would or could or might do so…

…and because of that race relations related act or suspicion if one is subjected to a detriment by the employer or for or on behalf of the employer, in respect of one’s employment…

…that is unlawful race relations victimization of one.

In race relations victimization it does not matter, e.g., if one’s complaint was of racial abuse in personal service (e.g. house help) exempted in nondiscrimination policy, or of race discrimination over a genuine occupational qualification (e.g. straight haired model) exempt under the Race Relations Act, or, if one was wrong and it was not race discrimination -if it is a complaint of race equality in good faith any detriment because of it caused one (even if not discriminatory practices detriment) is illegal race relations victimization.

Also, in race relations law, it does not matter if the employer did not know of the race relations victimization -if the racial victimization is by someone to do with that employment (including a colleague -unless the employer can prove that all reasonable steps were taken to ensure compliance with racial equality laws, including e.g. ethnic victimization) there is vicarious race equality liability for race relations victimization.

The motive or intention is irrelevant in race relations victimization -so is being unconscious of subjecting to racial victimization -if less favourable treatment (even if it is not itself race discrimination) is shown and it relates to racial equality, that is race relations victimization and there is racial victimization liability: Swiggs & Others -v- Nagarajan, 1999, HL.

Race relations case law suggest that for a claim to succeed under the Race Relations Act the employee’s complaint to the employer about racial equality which resulted in race relations victimization, must have been made before the race relations victimization took place if victimization was dismissal -before the employment contract ended: Post Office -v- Adekeye, and, Negorajam -v- Agnew 1974 EAT.

The employer needs the employee’s consent to put it right if it is not in an internal appeal, and also in race relations this is so, if the race relations victimization is termination -because that ends the employment contract (which, if not specifically made, the law deems to have existed): James -v- Waltham Holy Cross UDC, 1973, NIRC ~but an employee, before suing under the race relations law for racial victimization, must protest with written cause the race relations victimization to the employer for response in 28 days, considering arbitration for conciliation or settling.

It is not a defense in race relations victimization for the employer, if later information showed the employer to have erred, that at the time of the race relations victimization information was not available to suggest that the detriment would be racial victimization -the employer must put right that error ~this (Williamson -v- Alcan UK Ltd., 1978, EAT) is regarded a principle of employment law, and if does not, that too, in race equality law, is unlawful race relations victimization.

If one suffers race relations victimization, one may serve on the employer a racial discrimination questionnaire (within three months of when one first knew of the race relations victimization -or if one has lodged one’s racial victimization claim with an employment tribunal [for which there is a time limit of three months] within 21 days of lodging it), using the employer’s answers to why subjected to alleged racial victimization as evidence of race relations victimization -failure to answer or vague or ambiguous replies entitle drawing inference in race relations victimization claims.

In racial equality case law there appears to be a judicial expectation that a race relations complaint should specify or include the allegation that it relates to racial discrimination -British Airways Engine Overhaul Ltd. -v- Francis 1981 dismissed the case because the race relations complainant had not alleged that the complaint related to race discrimination (that in later protected acts [whistle-blowing, asserting a statutory right] reasonable clarity suffices may make same applicable to race relations victimization).

In race relations victimization the onus of proof is normally on the employee alleging racial victimization, but this can move to the employer because the employer must state a reason for the detriment alleged to be race relations victimization, and employment tribunals have to have regard to the reason stated by the employer -this applies also in race relations victimization cases ~it is important to show the employer’s reason not to be, or be capable of not being, the reason or main reason for a detriment alleged as racial victimization.

If it is not shown to be a race relations matter, even if the detriment is proven, it is not racial victimization -Baker -v- Cornwall County Council 1990, and, York Truck Equipment Ltd. 1990 EAT) held the detriment not related to racial equality but disciplinary and so, not race relations victimization ~in racial victimization one must show not only that there had been a race equality issue followed by a detriment but also that the detriment would not have arisen but for a race equality issue for it to be race relations victimization.

In race relations cases the basic consideration in race relations discrimination applies also to race relations victimization and is whether the alleged racial discrimination or race relations victimization arouse from a racial equality matter -the ‘but for’ rule: would the detriment have still been suffered, or would it not have been but for racial inequality, or in the case of race relations victimization a race equality enquiry or complaint or act of the employee -or the employer’s related suspicion? If the detriment alleged to be victimization would not otherwise have been suffered, it is unlawful race relations victimization, entitling to a remedy.

Laws change, these are brief guidelines.

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Employer Liability When Employees Use Internet Communications For Offensive Purposes

Employer Liability When Employees Use Internet Communications For Offensive Purposes

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Employer Liability When Employees Use Internet Communications For Offensive Purposes

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Posted: Oct 28, 2007 |Comments: 0
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What happens when you have a rogue or even out of control employee that uses an office computer to send or even post threats of great bodily harm or uses an office computer to generate other highly offensive communications? Can an employer who ends up being sued for such conduct assert a defense of immunity under the provisions of the Communications Decency Act of 1996 (CDA), 47 U.S.C. 230. This particular federal law defense of immunity actually does preempt inconsistent state law that might otherwise impose liability in certain circumstances. The Act immunizes “provider[s]… of an interactive computer service” (the employer) where “another information content provider” (the employee) has initiated the offending activity.

While the facts considered recently by a California Court of Appeal in Delfino v. Agilent Technologies, Inc. (2006) 145 Cal.App.4th 790 are unquestionably extreme and will not likely be encountered in garden-variety employment situations, the CDA immunity defense could well apply in more benign or commonplace circumstances as a result of the court’s ruling in this particular case.

In the Delfino case, the court considered a situation in which unbeknownst to his employer, a very angry and upset employee sends anonymous emails to various adversaries. He also created posts on Internet bulletin boards, threatening great bodily harm and death to these various individuals.

In making this illicit communications, the employee used the computer systems of his employer. The victims of these horrible threats and postings ended up contacting the FBI. The FBI in turn traced the emails and postings to the employee’s office computer. This was accomplished by by tracking the emails and postings back through the originating IP address.

The employee admitted that he engaged in the in the conduct of which he was accused. In the end, criminal charges are filed against him.

The employer terminated the employee. The victims of the employee’s threats sued the employee and the employer for intentional and negligent infliction of emotional distress, and negligent supervision or retention. The plaintiffs in the lawsuit claimed the employer was aware that the employee was using its computer system to threaten them. The further argued that the employee took no action to prevent the co-defendant employee from continuing to make threats over the Internet.

The ultimate question before the court in the case was: Can the employer be liable under these circumstances?

Some may consider this particular scenario far fetched. The case was presented as one of first impression in Delfino v. Agilent. The California appellate court determined that an employer could in fact assert the immunity defense under the Communications Decency Act of 1996 (CDA), 47 U.S.C. 230.

In asking the court to dismiss the plaintiffs’ case, the employer filed a motion for summary judgment, in which it asserted that the employer was a “provider… of an interactive computer service”, and therefore entitled to complete immunity under the CDA. Section 230(c)(1) states that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” The statute also preempts inconsistent state law that would impose liability, saying: “Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.” Section 230(e)(3), italics added.

The primary goal of the CDA has been to control the exposure of minors to indecent material over the Internet. Nonetheless, one of its other important purposes is “to encourage [Internet] service providers to self-regulate the dissemination of offensive materials over their services.” This was determined in the case of Zeran v. America Online, Inc. (4th Cir. 1997) 129 F.3d 327, 331, cert. den. (1998) 524 U.S. 937.

The CDA also been enforced in a manner so as to avoid the chilling effect on Internet free speech that would occur if tort liability ended up being imposed on companies that do not create potentially harmful messages but are simply intermediaries for their delivery. Id. at 330-331.

Accordingly, Section 230(c)(2) immunizes from liability an interactive computer service provider or user who makes good faith efforts to restrict access to material deemed objectionable. However, the provider must make a good faith effort to restrict access to material that is deemed objectionable.

Drawing on prior CDA cases that actually were beyond the employment context, the Delfino court ruled that there are three essential elements that a defendant must establish in order to claim section 230 immunity. These three elements are determined by the court are:

(a) the defendant is a provider or user of an interactive computer service;

(b) the cause of action treats the defendant as a publisher or speaker of information; and

(c) the information at issue is provided by another information content provider. Gentry v. eBay, Inc. (2002) 99 Cal.App.4th 816, 830.

In considering the first element (whether the employer was a provider or user of an interactive computer service), the court ruled the question a matter of first impression. In its judgment, the court specifically held: “We are aware of no case that has held that a corporate employer is a provider of interactive computer services under circumstances such as those presented here. But several commentators have opined that an employer that provides its employees with Internet access through the company’s internal computer system is among the class of parties potentially immune under the CDA.” Delfino, 145 Cal.App.4th at 805.

Prior courts had interpreted the term “interactive computer service” broadly in their own decisions and rulings. (For example, in Batzel v. Smith (9th Cir. 2003) 333 F.3d 1018, 1030, fn. 15, cert. den. (2004) 541 U.S. 1085), the court held that the employer was a “provider of interactive computer services” under the CDA. Id. At 806.

Considering the second element of the test, (whether the cause of action treated the defendant as a publisher or speaker of information), the court found that plaintiffs, in alleging that the employer was liable for the employee’s cyber threats, sought to treat the employer “as a publisher or speaker” of those messages. (sec. 230(c)(1).) Id.

On the last element of the test, (whether the information at issue was provided by another information content provider), there was no dispute that the employee was the party who had authored the offensive e-mails and postings. Moreover, there was no evidence that the employer played any role at all in “the creation or development” of these threatening and offensive messages and postings. Id. at 807-08.

In the end, the court concluded that the employer satisfied all three of the elements necessary to establish immunity under the CDA. Therefore, the court of appeal did affirm the trial court’s grant of summary judgment in favor of the employer. The court of appeals agreed that the grant of immunity under the CDA was proper pursuant to the terms and conditions of that law.

In its decision, the court also noted that, even if plaintiffs’ claims had not been barred under section 230(c)(1), granting summary judgment to the employer was nonetheless proper. The court reached this conclusion because plaintiffs failed to establish a prima facie case on their claims against the employer. Id. at 808. In this regard, the court specifically held that there was no indication that the employer ratified in any manner the employee’s conduct, and that the employer could not be liable under theory of respondeat superior. Id. at 810-12. In addition, there was not even any evidence that the employer was even aware of the employee’s conduct. Id. at 815.

In its holding and order, the court affirmed the long established principle that an employer will not be held vicariously liable for an employee’s malicious or tortious conduct in a situation in which the employee substantially deviates from his employment duties for personal purposes. The court additionally offered what can be considered an important teaching point on the theory and principle of ratification under California law.

The court noted that imposing derivative liability on the employer for an employees actions need not be founded on respondeat superior. Such liability can also be based upon the doctrine of ratification as discussed in Murillo v. Rite Stuff Foods, Inc. (1998) 65 Cal. App.4th 833, 852). In that case, the court observed that an employee’s actions may be ratified after the fact by the employer’s voluntary election to adopt the employee’s conduct. This is done, in essence, by treating the conduct as that of the employer’s own. Id. at 810.

In considering what evidence can support the ratification theory, the Delfino court cited the California Civil Code 2339. The court, in citing that provision, determined that an employer’s failure to discharge an employee after knowledge of his or her wrongful acts may be used as evidence that can support ratification of that employee’s conduct.

In the end, there were a number of lessons that have been learned in the aftermath of Delfino. This includes the fact that although employers can take some degree comfort that the CDA can offer them immunity if out of line employees make offensive or threatening Internet postings or emails, conservative employers should take corrective actions immediately against offending employees when such conduct is discovered. This action potentially should include termination, if the circumstances so warrant. Employers should institute certain policies and procedures that prohibit employees from using the employer’s computers to post or send threatening or offensive information. Moreover, since CDA immunity will be lost if the employer cannot establish that the information at issue was “provided by another information content provider”, cautious employers will also need to avoid any conduct that would suggest the employer has promoted, sponsored, initiated, or ratified the offending material in any way, shape or form.

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Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet. Find out how our lawyers can help you at http://www.masudco.com.

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