Strategize!

• Author: SWERDLOW, JANET

Employment litigation has become an increasingly serious problem, due in large part to recent media attention to huge jury awards that employment cases have garnered. In addition, the wealth of information about employment laws available on the Internet has made employees much more savvy about employment issues. The risk of employers being faced with defending wrongful discharge or discrimination cases is greater than ever.

The legal fees to defend a single wrongful discharge or discrimination case can be enormous. Litigation can consume managers' time as they may be required to give depositions, testify and the like. You can't guarantee that your company won't be sued, but by adopting a proactive approach to managing the work force, companies can reduce the litigation-associated risk.

EMPLOYMENT APPLICATIONS

Employers should adopt and use a full employment application and require job applicants to complete the entire application. The application should be signed under penalty of perjury. Employers should not accept a resume in lieu of a completed application. These applications can be an extremely useful tool for employers if employment litigation arises later.

Employment gaps often are easier to spot in employment applications than in resumes. Applicants should be questioned about any gaps in employment and explain any questions that were not answered completely the employment application. Use extreme caution when using form applications available in stationery stores or over the Internet--they may be outdated, fail to include important questions or contain unlawful questions. Employers should have their employment application form reviewed by their attorney.

INTERVIEWS

Interviews must be conducted with care and an understanding of employment discrimination laws. Thus, it is important that everyone who interviews applicants be trained to avoid asking ill gal questions or participating in discussions that are potentially illegal. For example, questions regarding a person's age, race national origin, religion, political associations, arrest record, sexual orientation and medical conditions should be avoided. Rather, the questions should be phrased to elicit information that will enable the company to determine the applicant's job-related skills and experience, as well as ability to perform the required work.

BACKGROUND CHECKS

Employers have a duty to exercise reasonable care in hiring their employees. A background check can be viewed as an...