Job Postings and Notifications: What Are Your Liabilities?
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As if there was not already enough confusion and rules governing job postings and applicant screening, social media and the internet have quickly spread into the workplace and complicated the process.
The manner in which a business advertises for job openings, the language used, and even the location of the ad, can dramatically affect both the quality of the applicants and the likelihood of lawsuits or administrative agency action being focused on the recruiting process.
An errant phone call to a manager about the ad, or a seemingly harmless Google® search of an applicant can create significant liability concerns for the company, often unknown until many months later.
It is vitally important for all hiring managers and human resources employees to understand the emerging trends with respect to job posting and screening - and particularly, the good and bad ways to use social media and the internet as job posting and recruiting tools.
This topic will focus on practical advice for recognizing the current vulnerabilities in your organization, and utilizing available tools to maximize the results of the company's recruiting efforts in a way that minimizes the risks to the organization of lost time, lost resources and unnecessary litigation.
How to Minimize Liability With Respect to the Job Posting Itself
How to Maximize Results in the Screening Process and Minimize Liability When Notifying Applicants of Their Selection for an Interview or Job Offer
- Content of the Posting Is Important - How to Avoid Statements That Bring Liability
- Where and How You Place the Ad Is Important
- Pros and Cons of the Various Media Types for Job Postings
- Communication and Recordkeeping Are More Than Just Administrative Issues - They Protect You From Lawsuits
- How to Ensure Managers and Employees Do Not Create Implied Contracts or False Impressions About the Job Posting
About The Presenter
- The Perils of Screening Applicants Without Their Consent
- How to Learn Information From Past Employers
- The Difference Between Public and Private Information on the Web and What Can Be Reviewed Relating to an Applicant
- How to Disclose a Social Media Search to Applicants and Conduct It Properly
- What Constitutes a Background or Reference Check
- How to Communicate a Job Offer Effectively and Without Engendering Liability
Todd R. Wulffson
- Attorney at Carothers DiSante & Freudenberger LLP
- Focused his practice on counseling and defending businesses in labor and employment matters for more than 20 years
- In addition to private practice, from 2006 to 2010, he served as general counsel and senior vice president of Human Resources to Palace Entertainment, overseeing the SEC filings, legal and human resources issues for a company with more than 12,000 employees at 40 locations in 11 states
- Currently assists clients ranging from local sole proprietorships, to large, multinational corporations
- Considerable experience representing employers in the entertainment, manufacturing, banking, hospitality, financial services and retail industries
- With both business and legal experience, he focuses on advising employers on human resources matters, and implementing proactive measures to reduce risk and cost
- Defended employers in both state and federal court, in matters before the Public Employment Relations Board and the National Labor Relations Board, and in administrative proceedings before the State Labor Commissioner and the Fair Employment and Housing Commission
- Significant traditional labor law experience, and is a veteran of numerous union organizing drives
- Substantial experience in the evolving area of social media law
- Frequent speaker, author and resource to employers nationwide on analyzing employee-related social media issues, preparing social media policies and procedures, and defending actions involving social media liability claims
- J.D. degree, cum laude, Loyola Law School, Los Angeles; B.A. degree in economics and business, University of California at Los Angeles
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