justamouse Posted October 4, 2012 Share Posted October 4, 2012 This is exactly why we are very picky about giving jobs anymore to people needing second chances. My husband has been such a great employer, but every guy needing extra time off because of drug charges, felony charges, child support issues, or who has had to call in because of transportation issues made my husband crack down. Don't own your own transportation? No hire. Alcohol, drug or other court issue? No hire. Unmarried with a pregnant girlfriend? No hire. Smoker? No hire. Every single one tried smoking while on the job in a customers' lawn. With that list of assessments, you're setting yourself up for a lawsuit. You cannot ask those questions. Quote Link to comment Share on other sites More sharing options...
Impish Posted October 4, 2012 Share Posted October 4, 2012 This is exactly why we are very picky about giving jobs anymore to people needing second chances. My husband has been such a great employer, but every guy needing extra time off because of drug charges, felony charges, child support issues, or who has had to call in because of transportation issues made my husband crack down. Don't own your own transportation? No hire. Alcohol, drug or other court issue? No hire. Unmarried with a pregnant girlfriend? No hire. Smoker? No hire. Every single one tried smoking while on the job in a customers' lawn. Here, you'd be sued for asking those questions. The only question you could legally ask is if they have their own transportation. I'm honestly surprised that you're allowed to ask those questions in the States. Quote Link to comment Share on other sites More sharing options...
Mrs Mungo Posted October 4, 2012 Share Posted October 4, 2012 Here, you'd be sued for asking those questions. The only question you could legally ask is if they have their own transportation. I'm honestly surprised that you're allowed to ask those questions in the States. It's not allowed in the US either because it indicates discriminatory hiring practices. http://www.recruitersnetwork.com/articles/article.cfm?ID=1360 The difference in the US is that labor laws have gradually been dismantled and people have little recourse without hiring their own attorney. Quote Link to comment Share on other sites More sharing options...
Joanne Posted October 4, 2012 Share Posted October 4, 2012 Here, you'd be sued for asking those questions. The only question you could legally ask is if they have their own transportation. I'm honestly surprised that you're allowed to ask those questions in the States. You can't. You can't even ask about "your own transportation" but you can ask about "reliable transportation". Quote Link to comment Share on other sites More sharing options...
creekland Posted October 4, 2012 Share Posted October 4, 2012 Don't own your own transportation? No hire.Alcohol, drug or other court issue? No hire. Unmarried with a pregnant girlfriend? No hire. Smoker? No hire. Every single one tried smoking while on the job in a customers' lawn. Here, you'd be sued for asking those questions. The only question you could legally ask is if they have their own transportation. I'm honestly surprised that you're allowed to ask those questions in the States. Here you could ask all but the married/preg girlfriend one, though the transportation one has to be "reliable transportation" not "own your own." We are allowed to ask about any court convictions. We are allowed to ask about, and discriminate against, smokers. A hospital in PA took that to the courts fairly recently (regarding hiring policy). I don't have a link, but it made at least local news. You can even do that one with tenants. Quote Link to comment Share on other sites More sharing options...
Hockey Mom Posted October 9, 2012 Author Share Posted October 9, 2012 I have found that a lot of people disclose WAY too much personal information during interviews. Often, the interviewer doesn't even have to ask those questions, the interviewee just discloses it. You would be surprised at what people have told me about themselves during interviews. We are now stating up-front, that applicants will be subjected to a background check and drug screening prior to hiring them. Had we done that with our "problem ex-employee" to begin with, we wouldn't be in the position we're in today. Quote Link to comment Share on other sites More sharing options...
SwallowTail Posted October 9, 2012 Share Posted October 9, 2012 These things can be incredibly expensive and difficult to enforce. I hope that the threat of litigation is all he needs to motivate him. If you threaten/serve his employer as well, they will probably let him go, not wanting the hassle and expense of a lawsuit. Quote Link to comment Share on other sites More sharing options...
Jennifer3141 Posted October 9, 2012 Share Posted October 9, 2012 With that list of assessments, you're setting yourself up for a lawsuit. You cannot ask those questions. :iagree::iagree: And wow. When DH was interviewing in a new practice, he walked away from a company because they asked two illegal questions. We assumed that if a company isn't smart enough to know what questions they are legally allowed to ask, then they will likely violate other laws as an employer and there's no point to working for someone like that. Quote Link to comment Share on other sites More sharing options...
creekland Posted October 9, 2012 Share Posted October 9, 2012 :iagree::iagree: And wow. When DH was interviewing in a new practice, he walked away from a company because they asked two illegal questions. We assumed that if a company isn't smart enough to know what questions they are legally allowed to ask, then they will likely violate other laws as an employer and there's no point to working for someone like that. Out of curiosity, what illegal questions did they ask? Three of the four questions on the "original" list on this post were quite legal as long as the transportation one was rephrased. I suppose... if one walks away from an employer asking illegal questions both parties end up "happy" but I don't see where that is doing any long term good. IMO 'tis better to at least mention it even if you don't want to work there (understandable if you don't think you had the "correct" answers to the illegal questions). Quote Link to comment Share on other sites More sharing options...
Jennifer3141 Posted October 9, 2012 Share Posted October 9, 2012 Out of curiosity, what illegal questions did they ask? Three of the four questions on the "original" list on this post were quite legal as long as the transportation one was rephrased. I suppose... if one walks away from an employer asking illegal questions both parties end up "happy" but I don't see where that is doing any long term good. IMO 'tis better to at least mention it even if you don't want to work there (understandable if you don't think you had the "correct" answers to the illegal questions). Since this is medicine, this practice strayed into HIPAA by asking about another phsycian in the town that DH has intimate knowledge of. This practice also asked about legal judgments and made it clear that their employment offer would be cancelled if DH had any legal judgments, which in our state is illegal. Both those questions and a couple of other little points made it obvious how clueless the practice manager was and if the HR person isn't trained and up on employment law, it's easy to imagine they may be sloppy with say, TAXES. And we don't want to get into a mess with those. Employers need to understand, especially in degreed professions, that they are being interviewed by potential candidates as well and act accordingly. And in this state, it's really easy to call up the state labor board and tell them what and how things were discussed. Michigan will actually send undercover agents out if they find serious violations. It happens to farmers who hire workers illegally quite a bit up here. They are less likely to go out for a doctor because the state assumes a doctor can pay a lawyer to handle stuff but if the fines were substantial enough, the state would get off its tooshie and investigate. Quote Link to comment Share on other sites More sharing options...
Catherine Posted October 9, 2012 Share Posted October 9, 2012 It absolutely shocks me that they asked questions about another doc in town. Besides being illegal, that is grossly unprofessional. I'd run in the other direction. Quote Link to comment Share on other sites More sharing options...
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