Articles for April 2006 The Deletion of Important Computer Files by Exiting Employees Creates Federal Law Liability - Employers have a potential new tool...
The Deletion of Important Computer Files by Exiting Employees Creates Federal Law Liability Employers have a potential new tool to deal with malicious departing employees. Under a recent ruling of the United States Court of Appeals for the Seventh Circuit, a departing employee who scrubs clean the hard drive of an employer-provided computer may face civil, and potentially criminal, liability under the federal Computer Fraud and Abuse Act. In the era of laptops, PDA's and the Internet, employers faced with disloyal departing employees should keep in mind the Computer Fraud and Abuse Act and its extension to employee misuse of technology. While the Act does not provide for exemplary damages or attorneys fees, it does permit federal court jurisdiction and injunctive remedies, as well as compensatory damages, and also raises the specter of criminal prosecution, since the Act has both criminal and civil components. Source: Proskauer Rose LLP - Back to Top -
Most Companies Don't Have Office Romance Policy Most organizations don't have a defined policy addressing office romance, according to a survey by the Society for Human Resource Management (SHRM) and CareerJournal.com. Only 9 percent of HR professionals surveyed say dating among employees is prohibited, and in 2001 and 2005 more than 70 percent of organizations did not have formal written or verbal policies dealing with romantic liaisons between employees, according to SHRM's survey of 493 HR professionals and 408 employees polled by CareerJournal.com in November. Most organizations permit it even as they somewhat discourage it, the report said. Crafting a policy governing interoffice dating can be "touchy," SHRM survey research specialist Michael Parks wrote, "and this might be the reason that most organizations do not have such policies." However, the stigma associated with workplace romance is fading, Parks wrote. "Over the past four years, it appears that employees have become more open-minded about relationships between their colleagues," he surmised. But while there may be more open-mindedness about workplace romance in general, that does not extend to relationships between a supervisor and his or her direct subordinate. It's something more HR professionals increasingly oppose, with 8 percent saying this should be off limits-up from 64 percent in 2001. Source: Society for Human Resource Management - Back to Top -
To test or not to test? How should you answer that question? A Pensacola (FL) News Journal reported in March that some companies are asking local staffing firms to forgo drug testing when screening applicants. While some companies may take a laissez-faire approach to drug testing and background checks, staffing firms still need to be careful because customers could sue for failing to properly screen candidates. Protect your firm by verifying education and professional credentials, checking references, asking former employers questions about an applicant's honesty, and conducting background checks and drug tests. Remember to comply with applicable state and federal law, including the Fair Credit Reporting Act. Consider appropriate risk management strategies when screening candidates. If a candidate poses significant risk, the more likely a court may find your staffing firm negligent in hiring practices. Source: American Staffing Association - Back to Top - In a Pinch for Temporary Personnel? Order Staff online at www.CareersUSA.com By registering with www.CareersUSA.com, you can request staff conveniently from your computer desktop any time of the day. Be sure to bookmark our website so you can easily access industry-specific surveys that offer real-time statistics on interesting employment topics. Also, you'll find archived issues of HIREWIRE News. Visit www.CareersUSA.com today for more information. - Back to Top -
We hope you enjoyed reading this issue of HIREWIRE. Copyright 2006 CareersUSA, Inc. All Rights Reserved. |
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