A worker fired from her job at a Christian university

The woman said she was “shocked” that the school was concerned enough about her personal life to fire her over it. After administrators refused to communicate with her about the issue, she decided to file the suit.

The suit states that an innocent incident of getting coffee with a married male coworker led to the plaintiff being questioned by a university vice president about an “alleged relationship” with the man, as well as questions about her personal life. She claims no relationship existed, but was told she had been seen “laughing and joking” with him. The vice president allegedly went on to say that the fired worker was a distraction to the coworker’s marriage, which would hinder her career at the university.

The university flatly denies the allegations, stating that she was let go “for purely business reasons because she wasn’t doing her job.”

Not so, says the lawsuit. It states that the plaintiff was also retaliated against for her medical problems. She suffered from various issues that required her to request leave under the Family Medical Leave Act. When she met with the human resources department, the director asked her questions directly related to her private life, including whether she lived with and was having sexual relations with her boyfriend. The director stated this would be “potential grounds for termination.”

The employee was approved for FMLA, which she claims is another reason for her dismissal. She also claims the university violated state law for terminating her for lawful activity off premises during nonworking hours (the “living in sin” part).

This could be an uphill battle for the plaintiff; the Supreme Court generally upholds religious institutions’ hiring and firing decisions, based on their beliefs. We’ll keep an eye on this case and report any progress.

Across the U.S., the economic downturn

For employers who are hiring workers, an increase in ex-convicts in the local population could mean a different type of job applicant. Perhaps this is a good time to review criminal background check procedures.

A variety of state laws make it difficult for regional and national employers to stay compliant, but smaller businesses need to be concerned only with their local and state laws, as well as Equal Employment Opportunity Commission (EEOC) guidelines, before deciding what is appropriate for their situation.

The EEOC’s concern is that criminal background checks have a disparate effect on minorities’ hiring history. According to the EEOC, studies show that “some employers make selection decisions based on names, arrest and conviction records…all of which may disparately impact people of color.”

The important thing is that employers are vigilant about doing pre-employment screening and background checks, and to conduct them fairly, as a higher number of unemployed, former convicted criminals are presumably looking for work. Establishing a justifiable business need is the first step. Obtaining applicants’ approval, per the Fair Credit Reporting Act, prior to conducting employee credit checks is also vital to staying within the letter of the law.

Balance your need to keep your other employees, customers and business safe from harm with the rights of your applicants, and exercise good judgment. Remember, 36 states hold employers liable for the negligent hiring of individuals with violent backgrounds.

You can be assured of compliance when you use a reputable, professional employee screening company, such as CriminalData.com. Our extensive experience, secure processes and excellent reputation for professional service mean you may screen prospective employees with confidence.

This week, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidelines regarding employers’ use of arrest and conviction records in employment decisions

The new guidance updates and clarifies the EEOC’s previous policy, in an effort to help job seekers, employees and employers. The report discusses how using criminal history reports could violate Title VII, how federal court decisions analyzing Title VI as applied to criminal records, compliance with other federal laws that restrict or prohibit employing individuals with certain criminal records, and the differences between treatment of arrest and conviction records, among other topics.

While little of the guidance document is new, it does consolidate a series of documents in one place. One HR group spokesperson said it does not appear “to impose a one-size fits-all set of rules” and seems to consider employers’ disparate needs and concerns when using criminal background checks for pre-employment screening.

However, there appear to be potential conflicts between this document and state laws that require criminal background checks in certain industries and positions.

Among the groups showing support for the new guidance include civil rights law groups. One issued a statement saying that it will “greatly reduce the misuse of criminal history background checks to deny employment to persons of color,” because the guidance strengthens enforcement efforts against employers who are not using criminal background checks properly.

A Q and A page on the EEOC’s Enforcement Guidance can be found here. It reinforces that Title VII does not prohibit employers from obtaining criminal background reports on job applicants.

A San Diego Superior Court decided that they may indeed engage in work during their meal breaks. The court ruled that employers fulfill their obligation when they give employees a 30 minute break and relieve them of all duties, give up control of their activities and when the employer gives a “reasonable opportunity to take an uninterrupted break, and does not impede or discourage them from doing so.”

If the employer does all that, and employees still want to work, they have the right to do so. The unanimous ruling was seen as a victory for employers. Another part of the decision specifies that employees must get one meal break for every 10 hours of work, rather than a break for every five hours, as some employee advocate groups had argued.

Employers will no longer be required to “babysit” employees, say some. As long as they make meal breaks available and encourage employees to take them, they are not liable for claims brought by employees that they didn’t receive them.

Employers are not allowed to apply pressure or provide incentives to work without breaks. And they must pay employees for any work performed. However, they are liable only for straight pay, not overtime pay—unless the extra 30 minutes puts the employee in an overtime situation.

The ruling came as a result of an eight-year legal battle against the company that owns Chili’s restaurants, for allegedly requiring employees to work through meal and rest breaks. Employees claimed that they were made to clock out for breaks, but to continue working through them.

An improving job market could mean employers will be competing for the most skilled and talented workers. This is where your networking skills come in. Talk to your contacts, whether in your industry or not, to get information on the hiring scene in your area. Who were the #2 and #3 candidates for the position just filled at a peer company? Who’s now hiring for similar jobs? Can you get any recommendations from those hiring managers? Are there state or local government agencies that have cut staff lately? Find out who’s been laid off.

What is the overriding skill set needed to succeed in your organization? If you’re in a technical business, you’ll need to focus on recruiting workers with the right technical expertise. If it’s a service business you’re hiring for, it doesn’t really matter where your recruits have worked before, if the have exceptional people skills. And an employee with drive, a great attitude and integrity can be an asset to nearly every type of business.

What about job-hoppers or career-switchers? Is that a sign of boredom or great flexibility? Individuals who like new challenges are natural learners. They catch on quickly to new tasks, and could be well suited to a health care or high-tech environment.

Once you hire highly skilled employees, let them do their jobs. Allow workers to collaborate with their peers. Give them challenges that require creativity and problem solving skills, and let them grow. Letting go like this can be tough for many managers. It’s a risk, for sure, and there will be some mistakes made along the way. But in the long term, employees who feel trusted and empowered are happier and more productive.

Cultivate a culture of open discussion and shared goals. Encourage employees to keep you informed of any problems they encounter. If you look at your job as a director of resources, you can help remove roadblocks and solve problems.

Hiring highly skilled workers and keeping them engaged will go along way to making your company more successful.

We’ve been talking lately about employee theft

The most sophisticated video camera systems won’t stop an employee from stealing. And unfortunately, the evidence they contain won’t always protect you from an unlawful termination suit. Even the most blatant thieves may try to protect themselves by bringing a lawsuit—and even if you win, you’ll still have to expend a great deal of time and effort.

You cannot avoid all the unpleasantries of terminating an employee, but if someone is stealing, you cannot let it continue, either. If you fear that employees are stealing from your business, keep the following dos and don’ts in mind:

• Before you take action, take the time to do a thorough investigation. Accusing an employee is a serious charge, and you’ll need to thoroughly document your case. So don’t fire someone in the heat of the moment.
• Do have at least two people involved in the investigation to avoid false accusations by the employee of framing for retaliation or bullying.
• When conducting your investigation, don’t resort to crime-movie tactics. By law, you cannot go through an employee’s personal belongings, or use a baby monitor to listen to their private conversations.
• Be careful of what you say. Stating a fact, such as “Steven stole $600 worth of merchandise,” can subject you to accusations of slander. Do state things in terms of opinion: “We have reason to believe that Steven may have taken the merchandise.” Even if it’s true that Steven stole the merchandise, you could still be sued.
• Be sure you can prove the reasons for termination. Do terminate for performance or failing to follow company procedures, instead of for theft that could possibly be explained by the employee—however weak the explanation may be.
• If an employee admits to theft, don’t terminate until you have obtained a written statement in his or her handwriting. If the employee wishes, do allow this to happen in private, to avoid any accusation of coercion.

Legal disclaimer:

The contents of this article are intended for general information only, and should not be relied upon as a substitute for obtaining professional legal advice applicable to your situation.

Any business is vulnerable to theft by employees, whether you’re selling widgets or washing machines. You don’t even have to be in the business of selling merchandise to be victimized by employees who steal.

Here are some examples of what dishonest employees may take out the door:

Trade Secrets: Employers who build successful businesses have done so because they do things a certain way, or offer a service or product that people want. If you’ve “built a better mousetrap” by instituting procedures or systems that work, your competition will likely want to know how you did it. What better way to find out than through an employee or former employee? And often, employees leave to start their own competing businesses, built on the successful model someone else worked hard to create.

Unearned pay: Employees with access to payroll systems can falsify work records to generate higher paychecks for themselves or their buddies.

Sensitive Data: Your company files are a treasure trove for identity thieves. Sensitive information like social security numbers, credit card numbers, birthdates and family information can help identity thieves access credit and wreck your or your employees’ finances.

Money: Countless businesses are victimized by employees—from unscrupulous bookkeepers to petty thieves—who skim cash out of the bank account or cash register. Watch for issues around drug or alcohol abuse, or complaints about not getting paid enough. If an employee’s lifestyle changes, with frequent purchases of expensive items or vacations, take a close look at your books. Be careful to conduct all due diligence before making any accusations.

Productivity: If your employees are average, they may be visiting social media sites or conducting personal business on the clock, causing you a loss of productivity.

Workplace theft is a serious problem for employers. The best guards against it are strong policies and procedures that are backed up by action. Stay on top of what’s going on in your business and immediately deal with any infractions of your theft policies. When other employees see theft is not tolerated, they’ll get the message.

The National Retail Security Survey (NRSS) revealed that in 2010, shoplifting and organized retail crime accounted for about 31% of inventory shrinkage, while thefts by employees made up a whopping 45% of losses. Another 14% of shrinkage was due to administrative error, while vendor fraud was 4% of the total.

News reports are full of employees stealing clothing, perfume, cosmetics, athletic shoes, housewares and sporting goods, and selling it on eBay, Craig’s list and other websites. In other cases, office employees with access to cash are often charged with embezzlement, or cashiers are accused of loading store debit and credit cards with cash amounts.

According to the NRSS survey, about half of gift card losses were due to dishonest employees in 2010. And it seems employees are working together to rip off their employers: the report states about 18% of internal theft cases involved collusion. Some collaborate to ring up purchases for less than the regular price, then return the merchandise later, pocketing the full amount in cash.

With sophisticated cameras and anti-theft devices, how can employees get away with stealing so much inventory from retailers? The answer is not an easy one. Each time new technology is developed, it seems, someone finds a way to circumvent it.

Loss prevention experts say employee theft is all about “opportunity.” Controlling opportunities helps cut down employee theft. Setting standards, using controls and watching employees who are suspected of wrongdoing are all important.

With the average employee theft case totaling $996, compared to shoplifting cases averaging $337, retailers have the incentive to prevent employee theft whenever possible. One way to help protect any business from employee theft is to know the background and criminal history on each new hire, by conducting thorough background checks and pre-employment screening!

It appears that the firing meeting took place away from students and with a witness. The terminated teacher was then escorted off campus; security was informed and a guard was placed at the school’s entrance.

The school had a full time Director of Safety and Security, and implemented security measures such as video surveillance, security gates and a digital patrol system that ensured required safety patrols were completed each day.

However, the former teacher was able to gain access to the administrator’s office by going through the football field. He carried an AK-47 semi-automatic assault rifle and nearly 100 rounds of ammunition in a guitar case.

Officials say this sort of tragedy cannot be prevented—especially when the individual gives no warning, and is determined to hurt someone. This school did all the right things: badges are required of all visitors; classroom cameras, intercoms and panic buttons are connected to the main office; gates are closed and locked at night.

Still, while a random act of violence can’t be prevented, a tragedy like this is a wake-up call for all employers. Termination procedures should include notification to all staff that the fired employee is no longer allowed on site, as well as instructions on what to do if he or she is seen on the premises.

Security badges must be deactivated immediately. Managers should pay extra attention, and be extra sensitive, to any unstable or unusual behavior by an employee before, during or after the termination process. If they feel the employee could be a threat, everyone should be notified so they can be on guard.

And don’t wait until termination to deal with an unstable or threatening employee. Suspending the person while an investigation takes place is always an option.

Be sure that hiring procedures include thorough pre-employment screening. It’s vital to know who you’re hiring, and to screen potential employees for past criminal activity, felony convictions, sex offenses and work history.

Twenty-eight percent of workers surveyed said that at their current job, they have been personally affected by these types of incidents or violence. Another 12% have witnessed, heard about or are aware of significant harm to others at their jobs, while 5% reported they have personally been affected by this type of incident.

The survey also asked workers how they felt about safety on the job. Fully one-third said they are very or somewhat concerned with their personal safety. In contrast, 29% of workers who experienced, witnessed or heard about an incident of violence neither reported it nor took any other action.

The survey also found that, while the vast majority of employers (94%) took some action as a result of reports of workplace violence, only 53% took disciplinary action. The percentage of employers who implement training for workers or supervisors was also low (45% and 35%, respectively).

Experiencing violent incidents on the job can encourage employees to seek a new position. According to the survey, 28% of those who know about or experience workplace violence are looking for a new job, compared to 17% of those who have not.

Employers owe it to their workers to provide a safe and healthy work environment. It starts by paying attention to the culture of the workplace, and instilling good practices and procedures. A no-tolerance approach to bullying, abusive language and inappropriate behavior, backed up by disciplinary action for every incident, will empower all employees to help prevent workplace violence before it happens.

And don’t neglect to conduct thorough pre-employee screening on each prospective employee. Knowing an applicant’s criminal history is vital to keeping your workplace and employees safe from potential harm.

A safe workplace sees less turnover and higher morale, and increased productivity. And it’s what every employee deserves.