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Summary of Getting Past You and No

ourcesprofessional is unable to secure information from previous employers, atleast the record is established that an attempt was made to obtain thesereferences.4) For high-risk, Medical-related occupations and job openings that requireextensive physical exertion, a medical history request and a pre-employmentphysical examination, including a drug and alcohol test should be requiredas well. Inquire as to the applicants past and present medical and physicalconditions, including illnesses, injuries or other conditions that couldimpair safe and effective job performance.5) All sources of information should be documented in writing wheneverpossible, including the results of job interviews. Many cases hinge onbeing able to produce a written document in court. These strategies shouldhelp human resources managers obtain much of the information needed to makeemployment decisions that result in hiring safe and capable employees.These guidlines also serve to reduce exposure to negligent hiring/retentionclaims, thus minimizing EEO Challenges.Footnotes1- See in general, the following sources for background about the "at-will" employment doctrine: Fenton, J., and Timmins, S., " the at willEmployment doctrine: Implications and recomendations for the small businessfirm," Journal of small business management, Jan 1982, p32 ;Hames, D., "the current status of employment-at will," Labor law journal. Jan 1988,pp19-32; Greylin, M., " Fired Managers winning more lawsuits," The wallstreet journal 7 Sep 1989 page b-1.2- Fenton, J., " the negligent hiring and retention doctrine," NursingManagement Sep 1989, p28.3- Restatement ( Second), Agency 219 (1957).4- Brill, R. L., " The liability of an employer for the willfull torts ofhis servants," Chi-Kent, Law Review. Jan 1968. See also Reibstien, L., "Firms facing lawsuits for hiring people who then commit crimes," The wallstreet journal april 30, 1987 p.19.5-North, J.C., " The responsibility of Employers for the ac...

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