Pre-employment Screening: Understanding Its Functions

Pre-employment Screening: Understanding Its Functions

Pre-employment screening is usually done before accepting an applicant for a specific post. It is one of the strategies of hiring personnel in order to determine whether or not the applicant is qualified.

The prime reason why pre-employment screening is considered necessary is to verify the qualifications of applicants. However, skills and capacities to do the job are not the only areas of consideration in the probing. Personality background of applicants may also be taken into consideration. The legal capacity of employment law attorneys may then be needed, as the “screeners” have to be thorough in the screening.

Meanwhile, here are the key areas in which pre-screening background works.

  • It describes and sets limitations of uncertainty in the hiring process. Although impression and instinct during the hiring process are essential, a decision made based on concrete information is far way better than any other basis.
  • Conducting a pre-screening program encourages applicants to feel at ease during the interview.
  • Doing a pre-screening can deter applicants with their plans of hiding something. An individual with a criminal record or fake resume will simply apply to a company that does not conduct pre-screening.
  • A screening program shows that an employer has made his or her duty of conforming to the needed thoroughness, which provides a great deal of legal protection in the event of a lawsuit. Continue reading
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Working Hazard: Wrongful Termination

Working Hazard Wrongful Termination

One of the hazards that employees might encounter while working is wrongful termination that the labor laws seek to prevent. Wrongful termination is defined as the invalid dismissal of a worker due to his or her race, nationality, status or gender. Therefore, this type of case, if ever made into a complaint would be founded on the premise of discrimination.

 

Once an employee would like to have his situation be litigated at court, it is advisable to seek lawyers for wrongful termination. These professionals can aid them in going through the process of litigation, which could be a hassle for people who are not adept about employment laws.

 

Nonetheless, before proceeding, the lawyers for wrongful termination could determine the following so that they will be able to pinpoint if the actions done really constitutes to the aforementioned illegal act. Some of these include the following:

 

  • Termination which is against the signed contract or agreement between the employee and employer
  • Termination in order to harass the employee sexually
  • Termination which violates federal laws and the Americans with Disabilities Act of 1990
  • Termination because the employee has acted as a whistleblower against company policies that oppress labor rights

 

In addition, as supporting evidence to the accusation made by the employee, it is important that they have listed the name, location, people involved and the time the incident happened. By doing this, there would be a solid foundation to what they are claiming.

 

Another reason for the termination can be retaliation. In this case, the company can be subjected under the whistle-blowing laws. Retaliation occurs when the employee may have testified about the illegal act done by a superior in the company, in which afterwards the company dismissed the worker in response for doing so.

 

Any employee, therefore, has the right to sue against the company. Furthermore, after winning the case, the claimant can be entitled to collect fees and can even have his or her job back.

Defining EEOC and Determining Its Functions

Defining EEOC and Determining Its Functions

Employment law attorneys are dealing with employment-related issues and/or complaints casted mostly by employees. In fact, there are a lot of factors that contribute to discrimination and other employment issues. More often than not, those who engage to such act are those who were in high positions.

 

The following aspects, commonly called as “protected class”, are the commonly committed discriminatory conducts.

 

  • Age
  • Religion
  • Race
  • Color
  • Gender
  • Disability
  • National origin
  • Sexual orientation
  • Ethnic group participation

 

The Equal Employment Opportunity Commission (EEOC) established in 1964 aims to stop employment discrimination that blocks the growth of not only the directly affected employee, but also the entire workplace instead.

 

The EEOC is the agency in charge of all labor-related claims, and implements the Title VII of the Civil Rights Act of 1964 that affects the labor sector. Moreover, EEOC’s other purpose is to encourage and advance government programs to achieve fair employment opportunities for all people.

 

Besides, many federal laws have been created and implemented to offer protection to the workers. On the other hand, some of the employment discrimination laws are as follows:

  • Civil Rights Act of 1964
  • Rehabilitation Act of 1973
  • Age Discrimination in Employment Act of 1967 (ADEA)
  • Equal Pay Act of 1963
  • Whistleblower Protection Act
  • Americans with Disabilities Act of 1990 (ADA)
  • Civil Service Reform Act

 

EEOC’s Functions

 

The abovementioned provisions should be applied in the following situations, in any case:

 

  • Application
  • Job training
  • Promotion
  • Giving of salary
  • Performance evaluation
  • Skills development
  • Granting of benefits and other employment liberties

 

You have to hire one of the employment law attorneys if you believe you are a subject of discrimination in your workplace. Know your rights and protections as well as the means to counter the wrongful conduct.