Category Archives: Hiring Process

Proposed NJ “Facebook” Bill Will Challenge Employers

New Jersey employers will not “like” a so-called Facebook bill that’s pending in the New Jersey Legislature. The bill, which will likely pass, illustrates the trend towards limiting employers’ use of social media for hiring and firing decisions. In its current form, the bill (A-2878) would prohibit employers from requiring a current or prospective employee to provide or disclose any user name or password, or in any way provide the employer access to a personal account or service through an electronic communications device.

Trending: The Unemployed as a Protected Class

As reported at the time, President Obama’s 2011 jobs bill included a proposal to prohibit discrimination on the basis of a job applicant’s status as unemployed. The proposal identified discrimination toward the long term unemployed as a contributing factor to the nation’s staggering unemployment statistics. In essence, the proposal would have made the unemployed a protected class in the same manner that race, religion and sex are now. Although the jobs bill has since languished, similar proposals are trending. Whether discrimination towards the unemployed is a problem is debatable. Data suggesting the unemployed are subject to widespread and systematic discrimination …

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Are You Hiring Litigation?

Understanding and Managing a New Hire’s Contractual Obligations To a Prior Employer Prudent employers take steps to ensure that their employees do not disclose their confidential information and, in appropriate circumstances, contractually restrict them from soliciting their customers and employees after leaving employment.  But what about the contractual restrictions that new employees may have to their former employers?  The time to find out about non-compete, non-solicitation and non-disclosure agreements is during the hiring process.  Overlooking this key step in hiring due diligence can have dire consequences.  The new employer may be sued for damages by the former employer for interfering …

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