Enigma Software Group’s Battle with Malwarebytes Headed to the Court of Appeals to Protect Consumers

CLEARWATER, FL, November 9, 2017 − Enigma Software Group USA, LLC’s (“ESG”) lawsuit against Malwarebytes for its anti-competitive conduct in blocking Enigma Software Group’s high-quality anti-malware program is proceeding to the Court of Appeals for the 9th Circuit. As Malwarebytes has already been informed, Enigma Software Group is pressing its claims on appeal for a full review of the limitations imposed under the law under Section 230 of the Communications Decency Act. Enigma Software Group’s lawsuit was originally filed over the predatory, anti-competitive practices of Malwarebytes in blocking Enigma Software Group’s independently tested, certified program that has protected millions of users from malware risks. As made clear in the lawsuit, Malwarebytes targeted Enigma Software Group precisely because Enigma Software Group is a successful competitor with millions of users choosing its program as a safe and effective anti-malware tool. As also laid out in the lawsuit, Malwarebytes blocking practices have harmed both consumers and Enigma Software Group, alike. Most significantly, the anti-competitive conduct of Malwarebytes deprives consumers of the right to use the security software of their choice − which will be one of the issues presented to the Appeals Court.

Enigma Software Group, respectfully, disagrees with the District Court’s characterization of the case facts and conclusions of law in its Opinion and is appealing the decision, as is its right under the law. Any suggestion by Malwarebytes that the legal dispute is over ignores the authority of the 9th Circuit Court of Appeals to review the merits of Enigma Software Group’s claims. Enigma Software Group has already previously pointed out the odd contradiction in Malwarebytes’ legal position, which logically allows every competitor of Malwarebytes to list Malwarebytes also as a Potentially Unwanted Program. Enigma Software Group believes that Malwarebytes’ legal arguments are wrong on the facts of this case and fly in the face of the law − and would potentially expose any company improperly applying the law to significant liabilities and damages as asserted by Enigma Software Group against Malwarebytes. Enigma Software Group steadfastly believes in the merits of its claims and has great confidence in the 9th Circuit Court of Appeals to review the strength of its case. Case No. 5:17-cv-02915-EJD-Enigma Software Group USA, LLC v. Malwarebytes, Inc.

Enigma Software Group’s Complaint
https://www.enigmasoftware.com/enigma-software-group-files-suit-against-malwarebytes/
https://www.enigmasoftware.com/legal/enigma-software-vs-malwarebytes-complaint.pdf

Enigma Software Group’s Legal Brief
https://www.enigmasoftware.com/legal/enigma-software-vs-malwarebytes-legal-brief.pdf

Termination of Employment in Cyprus

The Employment Law (100(1)/2000) in Cyprus includes both statute and case law. Specifically, Cyprus statute law contains issues related to the termination of employment, paid leave, annual social insurance, maternity leave, equal treatment at work e.t.c. The Labour Disputes Courts deals with issues related to the rights of employees and employers.

The Employment Law applies to every employee who has a contract or employment relationship in the private, public and semi-governmental sector.

The Employment Law does NOT apply to:

· employees whose total period of employment is less than one month;

· employees whose total hours of employment is less than eight hours in a given week;

· employees whose employment is of a casual nature and/or particular nature under the condition that in these cases the non-application of the Law is justified by objective reasons;

In this article, our employment lawyers will present the primary aspects of termination of employment in Cyprus, i.e. notice period, unlawful termination of employment and redundancy.

Under the Termination of Employment Law (24/1967), an employer intending to dismiss an employee, who has completed at least 26 weeks of continuous employment, is obliged to give the employee a minimum period of notice based on the length of his/her service, as illustrated below:

26 -51 weeks work (6 months- 1 year)

One week notice

52 – 103 weeks work (1-2 years)

Two weeks notice

104 – 155 weeks work (2-3 years)

Four weeks notice

156- 207 weeks work (3-4 years)

Five weeks notice

208 – 259 weeks work (4-5 years)

Six weeks notice

260 – 311 weeks work (5-6 years)

Seven weeks notice

More than 312 weeks work (more than 6 years)

Eight weeks notice

Unlawful termination of employment:

Following the Termination of Employment Law, an employee whose employment has been terminated unlawfully after completing 26 weeks of continuous employment with an employer is entitled to receive compensation. In addition, an employee who quit his/her job due to his/her employer’s conduct is also eligible to receive compensation. Second of all, it should be clarified that the amount of compensation is determined by the Labour Disputes Court following an application by the employee.

When assessing the amount of compensation, the Court takes into account the following criteria:

· The remuneration of the employee;

· The duration of employee’s service;

· The restriction of employee’s career prospects;

· The age of the employee;

· The circumstances of employee’s dismissal;

An employee cannot claim compensation if he/she terminated his/her employment for one of the following reasons:

· In case the termination of employment held as an outcome of redundancy, Act of God, war, riots, extreme weather conditions, etc.;

· In case of dismissal due to redundancy;

· In case the employment is terminated at the end of fixed-term contract;

· In case the dismissal is due to employee’s fault;

How to receive compensation for unlawful dismissal:

Submitting an application for unlawful dismissal compensation requires a professional legal support. An employment lawyer will assist you with all the necessary legal and administrative procedures so that to help you to get the compensation you deserve. Therefore, if you wish to receive a customised legal support contact one of our lawyers.

Redundancy:

The amount of redundancy payment is calculated as illustrated below:

Period of continuous employment

Amount of redundancy payment

Up to 4 years

2 Weeks wages for each year of continuous employment

More than 4 and up to 10 years

2.5 Weeks wages for each period of continuous employment

More than 10 and up to 15 years

3 Weeks wages for each year of continuous employment

More than 15 and up to 20 years

3.5 Weeks wages for each year of continuous employment

More than 20 and up to 25 years

4 Weeks wages for each year of continuous employment

How to claim redundancy payment:

In order to get payment from the Redundancy Fund, the employee must make a claim on the prescribed form, that can be found on Social Insurance Offices, Citizen’s Service Centre and the official website of the Ministry of Labour and Social Insurances.

The claim must be submitted to the closest Social Insurance Office, within three months at latest from the date of termination of employment. Nevertheless, in cases where the employee proves that he/she had a good reason for the delay, payment may be approved given that the claim is made within 12 months from the date of termination of his/her employment.

 

When to Hire an Unemployment Attorney

Losing your job is hard enough. Your missing income hurts not just your pride, but also your bottom line. While it might feel counterintuitive to pay an unemployment attorney when you’re already short on cash, it could, in fact, be a great decision.

Unemployment paperwork might seem very simple and straightforward. In some states, you can even do the paperwork online. While each state requires differing information, all states require basic information like name, date of birth, and work history. You also have to give a reason for your unemployment. If you have been unemployed through no fault of your own, the state will quickly process the form, and you should begin receiving your benefits within a few weeks. However, there are several reasons why you might want to contact an unemployment attorney in order to gain access to your benefits.

Your Benefits Are Improperly Denied

If you have already been denied benefits, you have the right to appeal the decision. You have to file the appeal in writing and then attend a hearing. You may be able to phone into the hearing, but your presence is still the only way for the state to hear your side of it. A lawyer can help you prepare all the documents for the hearing. Correctly prepared documents can make the difference between winning the appeal and losing it.

You Were Fired

Unemployment is for those who are out of a job through no fault of their own. That means if you leave voluntarily or if you were fired for a serious reason, you won’t be eligible. In order to determine if your reasons for leaving a job qualify you for benefits, you must fill out paperwork and attend a hearing. How your facts are presented to the panel will determine whether or not you are able to receive benefits. Your unemployment attorney can help you fill out the paperwork appropriately and present your case effectively in order to help you gain access to the benefits you need.

You Have Legal Claims Against Your Former Employer

There are times in which you may have a legal claim against the employer who released you from your job. If your legal rights have been violated by this employer, a lawyer can help you bring a suit against him or her. Some examples include being laid off due to race, gender, or sexual orientation. Other reasons to bring a suit against your former employer may include being fired for reporting violations of health and safety codes to the appropriate authorities. An unemployment attorney can look at the facts of your case and determine if you have enough evidence to proceed with a suit against a former employer. If the case is good, not only can a lawyer help file for state benefits but they can also help prep any other civil suit you may want to bring against the company.

 

Is At-Will Employment A Myth?

California law provides for at-will employment unless there is an agreement to the contrary. As a result, an employer may believe it is free to terminate an employee at any time and for any reason or no reason.

The reality is far more complicated. A variety of limitations and exceptions to at-will employment have built up over time. An employer who decides to fire a worker should not have a false sense of security that the at-will doctrine will protect it against a wrongful termination lawsuit.

Implied Agreement

At-will employment can be negated by an implied agreement to not discharge an employee without good cause. Written or verbal representations by the employer of continued employment, other statements by the employer that create an expectation of job security, or the establishment of a progressive disciplinary policy can create such an implied agreement.

Discrimination

An employer may not dismiss an employee because of his or her race, gender, age, religion, ethnicity, national origin, disability, or sexual orientation. Because the protected characteristics are so numerous, one or more of them are likely to apply to most employees. Thus, an employee frequently will be in a position to at least claim that a termination is based on illegal discrimination.

Public Policy

An employer may not dismiss an employee in violation of a fundamental and substantial public policy. Such cases generally involve terminations based on an employee:

  • Refusing to break the law at the request of the employer;
  • Performing a legal obligation;
  • Exercising a constitutional or statutory right or privilege (e.g., seeking a reasonable accommodation for a disability; taking lawful medical, pregnancy, or family leave; filing a workers’ compensation claim); or
  • Complaining about or reporting a legal violation (e.g., employment discrimination, sexual or racial harassment, wage or overtime violations, workplace safety violations).

Burden of Proof

The at-will doctrine is further undermined by how the burden of proof is allocated in wrongful termination lawsuits. The employee has the initial burden of establishing that (1) he or she is in a class protected by the “discrimination” or “public policy” principles discussed above, and (2) there is some causal connection between his or her protected status and the employment termination (e.g., the termination occurred shortly after the employee filed a workers’ compensation claim or complained about employment law violations). If the employee satisfies that burden, then the burden shifts to the employer to put forward a legitimate nondiscriminatory reason for the termination.

In light of these limitations, “at-will employment” often may be more a myth than a reality. An employer therefore must follow carefully designed employment practices to lessen the risk that it will be successfully sued by a terminated employee.

 

How to Preserve At-Will Employment

California has at-will employment, meaning that either the employer or the employee can terminate the employment relationship at any time, with or without cause, reasons, or notice.

But the at-will presumption can be negated by express or implied agreements to the contrary. In addition, an employer may not dismiss an employee for discriminatory or retaliatory reasons. As a result of these exceptions, employers often find themselves subject to claims by terminated employees.

An employer can adopt various strategies to maintain at-will treatment and protect itself against wrongful termination lawsuits. Following are some key do’s and don’ts:

DO Include Repeated At-Will Statements

Job applications, offer letters, employee manuals, performance evaluations, and other employment-related materials all should clearly and prominently state the at-will policy. The policy should be restated next to any provisions that might be interpreted as conflicting with an at-will arrangement. For example, any list of reasons in an employee manual as to why an employee may be discharged should be accompanied by a disclaimer that the list is not exclusive and that the employment always remains at-will. It is hard to repeat the at-will policy too many times.

DON’T Give Assurances of Job Security

An employer should train its managers to not unwittingly make verbal statements to employees that might be interpreted as contradicting at-will employment, such as:

“If you continue to do fine work like this, you can look forward to a long and successful association with the Company,” or

“As long as you do a good job, you will always have a home here.”

DON’T Have Probationary Periods or Permanent Employees

Use of a “probationary” period for new employees arguably creates an inference that an employee can only be terminated for good cause once he or she has satisfactorily completed the period. An initial phase of employment instead should be referred to as an “introductory,” “orientation,” or “training” period. In addition, employees who complete the introductory period should be referred to as “regular” rather than “permanent” employees.”

DON’T Have a Progressive Discipline Program

A progressive discipline policy arguably creates an implied contract between the employer and the employee, requiring the employer to follow all the steps in the policy before discharging an employee. The practical result is that the employee can no longer be summarily terminated, as would otherwise be permissible with at-will employment.

DO Be Mindful of Anti-Discrimination Laws

An employer should take special care before discharging someone who is a member of a protected class (e.g., based on race, age, ethnicity, or disability), or whose termination might be viewed as in retaliation for a protected act (e.g., whistle-blowing). In such cases, an employer must be prepared to establish good cause for the termination, notwithstanding the general presumption of at-will status.

Conclusion

There are many traps for the unwary in attempting to maintain an at-will employment policy. Accordingly, an employer should have a competent professional periodically review its employment documents and practices. And because of the risk of wrongful termination claims, an employer should consult with legal counsel before discharging employees.

 

Common US Employment Law Violations

There are many people in the United States that have excellent, fair employers – yet there are also those whose workers’ rights are violated each and every year in regards to underpayment, overtime and rest break violations. For this reason, it is important to know your rights and find a great employment law attorney.

There are several employment law violations that are more common that others in the US, and the first one of these is lack of overtime payment. The particular law that applies will depend on the state, but in some cases, employees can be told that they are not entitled to overtime payment when they actually are.

In all cases, workers are entitled to overtime payment if they do not meet all the of a particular overtime exemption’s requirements. Furthermore, some people may be compensated for overtime, but this sum may be far lower than the amount that they are legally entitled to. In this case, finding a good unpaid overtime lawyer is an ideal solution.

In addition to the lack of overtime payment or the miscalculation of overtime payment that disadvantages the employee, there are other common employment law violations which employees need to be vigilant of. One of these is failure of the employer to give additional pay when it is required by law.

This does not only apply in regards to overtime, but also in other situations when an employee is legally entitled to be compensated for not taking an unpaid meal period – working instead due to the employer’s demands – or not taking other legally required rest breaks. In some state law, workers are entitled to extra pay in these situations.

If you are an employee who frequently is required to skip rest breaks or unpaid meal breaks, then it is strongly recommended to seek the assistance of a unpaid overtime lawyer who will be able to provide you with guidance. This is one way of assuring that you know your rights and will be able to assert them for you and your family’s benefit.

Another common violation of employment law is that statutory employees are classified instead as “independent contractors”, which denies them a number of rights that they should be entitled to. These rights include minimum wage, overtime and a variety of other protections provided by state and federal law.

This miscalculation can be a genuine error on the part of the employer, but it can also be a calculated business move that severely disadvantages the worker. Again, seeking the advice of an employment attorney or a unpaid overtime lawyer will help clear up this issue and help each determine whether they have been misclassified as an independent contractor.

Lastly, employees may be entitled to certain rest breaks and meal times which the employer does not provide. There may also be failure to provide vacation pay, all of which result in the employee receiving far less than they deserve at the unjust benefit of the employer. Again, if the employee suspects their rights are being violated, it is advised to seek legal help.

These are just a few of the most common violations of workers’ rights in the US – from lack of overtime pay to miscalculation of employee status, these will also have a huge effect on the lives of employees and their families. This can mean less income, fewer breaks and longer hours than is legally allowed.

It is important for every worker in the country to know their rights and to seek professional help in defending them when necessary. This ensures a fairer workplace and one where employees can work safely and securely and be adequately financially compensated for their contribution to the company that they work for.

 

Are You A Mandatory Reporter In New South Wales?

In New South Wales, Australia, the Department of Family and Community Services (the Department) is responsible for statutory child protection, which includes maintaining a system to receive reports about children who have been harmed or who are at risk of being harmed. Under the Children and Young Persons (Care and Protection) Act 1998 (NSW), a mandatory reporter includes a person who delivers services to children, or who has a management role in relation to the delivery of services to children. The full definition can be seen at section 27(1) of the Act. This is a very wide definition that includes most medical doctors, dentists, child psychologists and psychiatrists, counsellors who work with children, child protection caseworkers, police officers, hospital workers, school teachers and early childhood care workers, and other employees of schools and pre-school institutions. Providers of residential services to children are also in scope. In addition, the managers of institutions that provide any of these kinds of services are likely to be mandatory reporters, as are some non-practitioner employees who come into contact with children when providing support to professional colleagues or services to children directly. If you are uncertain about whether you are a mandatory reporter, you should take steps to find this out. Breaching the Act, by failing to make a required report, can lead to professional misconduct charges being laid against a mandatory reporter. On the positive side, section 29 of the Act provides that making a report is not a breach of ethical standards, even though it involves disclosing confidential client information. Mandatory reporters who make a report to the Department are protected from professional misconduct charges, defamation proceedings, and civil proceedings in relation to the report, and the reporter’s identity is protected in most circumstances. A NSW Court of Appeal decision in 2014 upheld the protection of reporters’ identities, and noted that the purpose of section 29 is to protect good faith reporters’ identities “for the obvious reasons that persons… referred to in such reports may [otherwise] visit consequences on the reporter and the prospect of that occurring may deter or inhibit persons from making reports.” This protection of a reporter’s identity, and the other protections under the Act mean that mandatory reporters can confidently report their suspicions when a report is required, knowing that the source of the report is unlikely to become known to persons named in the report.

When is a report required? A report to the Department (usually made to the Child Protection Helpline, telephone 132-111 in New South Wales) is required if a mandatory reporter, in the course of his or her work, has reasonable grounds to suspect that a child (or a particular grouping of children) is at risk of significant harm. The critical terms here are “reasonable grounds”, “suspect”, and “risk of significant harm.” Risk of significant harm requires more than just risk of harm generally, and might be expected to involve a risk of physical, psychological or developmental harm that could potentially have long-term consequences, including the risk of a child being killed or abducted or requiring hospital treatment. Mandatory reporters should always be alert to the possibility of a child being at risk of harm, and use forensic judgment to determine whether the suspicion is based on reasonable grounds. Important indicators of possible risk may include unexplained injuries, the child having heightened anxiety or fearfulness, domestic violence in the home, or parental misuse of drugs or alcohol. The Department has a comprehensive manual – The “New South Wales Mandatory Reporter Guide” – which includes a structured decision-making system to help mandatory reporters make decisions about their suspicions of risk to children. Risk of significant harm reports are critically important to the Department’s work, and the Department relies on mandatory reporters to be the Department’s eyes and ears in identifying children who may be at this level of risk. Reports from mandatory reporters can be linked with other reports and information held by the Department, to enable risk to be evaluated and addressed appropriately. A single report is rarely the trigger for intervention on its own, unless the report identifies a critical event such as actual harm to a child, but through the aggregation of multiple reports and other information in hand the Department can build up a comprehensive picture of a child’s situation and the risk factors that are present for the child. Some risk factors seen in isolation might not justify any action, but multiple factors can lead to risk being reassessed and the child’s case being given a higher priority. For example, the Department might initially receive reports about a family being transient or homeless, which of itself might not require immediate action by the Department (the parents may just need time to sort out accommodation), but if those initial reports are followed by reports of domestic violence between the parents, drug use by the parents, or the children being unfed or physically mistreated, the matter will be looked at more closely by departmental caseworkers. Where a report alleges physical or sexual abuse of a child, the report is likely to be passed to the Joint Investigation Response Team (J.I.R.T.) covering the area where the child lives, so that an investigation can be carried out quickly to ensure the child is protected from harm and any perpetrator of such abuse is prosecuted if a crime has been committed. J.I.R.T. staff are drawn from Department, NSW Police and NSW Health, to facilitate joint investigations of offences against children.

While it may be uncomfortable for a professional person to disclose patient or client confidences, the law is clear about the obligations of mandatory reporters. This has been the law in NSW since 1978, and most other states of Australia for more than 20 years. There can be a fine line between risk of harm and risk of significant harm, but reporters should not err on one side or the other – for example, reporters should not adopt an “if in doubt report it” attitude – because the obligation to report only arises where risk of “significant” harm is suspected. It is a matter for the mandatory reporter to consider whether his or her suspicions are based on reasonable grounds, and point to the child being at risk of significant harm. The Department receives well over 100,000 relevant reports each year, and reporting other (non-significant) situations to the Department can impact on the Department’s ability to quickly assess and allocate more serious cases for attention. Where the risk of harm does not reach the threshold level, resources are available to guide reporters about how to best deal with these kinds of situations. The Department’s website has a lot of material, and professional associations also issue guidance to members. If this information does not answer a specific question, a lawyer who is experienced in child law cases will be able to provide helpful advice.

Social Media In Pre-Employment Screening: When Did Personal Judgemental Prejudices Replace Validity?

It is clearly evident that social media is woven into our everyday lives and technology enables immediacy in terms of sharing personal information on line. Our everyday social activities are in the public arena, warts and all, and consequently open to scrutiny. However, how pervasive is this scrutiny in organisational recruitment? Legislation is in place to guard against discriminatory practices, however, it is perhaps inevitable that recruiters would be tempted to examine the digital lives being led by potential recruits to their organisations. It is an easy opportunity to attempt to get an insight into the character of the individual who has applied for a post; an attempt at enhancing cultural fit decision-making. However, this approach can be highly problematic. From a Business Psychology perspective it can be argued that recruitment is about ‘accounting for performance,’ that is when we measure potential performance, either via interview, psychometrics or live observational centres we are accounting for how any given individual will perform in a role. We may account for 17% at interview through to 65% with assessment centres. Whatever strategy is used there is always the possibility that the baby will be thrown out with the bath water. If we have hiring errors of judgement that is based on valid decision-making strategies, what do organisations hope to achieve by trawling through an individuals personal on-line space as a last bastion of feed into appointment? This divisive, prejudicial practice is not only ill thought out at best, it is irrelevant in terms of performance predictive validity. It makes hiring organisations the custodians of everyday life comment and behaviour, with the almost Orwellian self appointed authority to make value judgements on what is right and what is wrong.

First, lets examine the psychology of posting on-line. Research suggests that personality is an important factor to consider when investigating the causes and consequences of people’s engagement with social media. Further, the images we present in the virtual world may not necessarily reflect who we are in real life. Do you take selfies? Dr Terri Apter, psychology lecturer at Cambridge University, says taking selfies is all about people trying to figure out who they are and project this to other people. “It’s a kind of self-definition,” says Dr Apter. “We all like the idea of being sort of in control of our image and getting attention, being noticed, being part of the culture.”

People want to control the image projected and this image will vary with context, just as in real life. We all have distinct friend, family and work personas. If we examine older adults, their profiles will often feature their wives and children. The profiles of university students feature what they believe is the most interesting part of their lives, and this will vary enormously. Pictures of drinking and partying are interesting to certain peer groups. They can provide cues on what to wear, where to go, and how to act, young adults look to their peers to see what are the best parties and activities, which are illustrated on Facebook/MySpace. I personally don’t have a single picture posted of myself in the library. Other postings may also serve to communicate the importance of particular relationships because these bonds may provide security regarding an individuals self worth.

Social media lends all users a “public” persona, and when users try to present themselves in a way that matches how they want to be seen, this creates potential problems. Part of the problem is that the norms of one community aren’t the norms of another. So when we produce an ‘out of work persona’ that aligns to the cultural nuances of any given external group, and this represents a difference in terms of how we behave in the workplace, this can lead to clashes on social media, that is then interpreted by others.

It is likely that the most common Facebook regrets revolve around sensitive topics like alcohol, sex, politics, religion or “emotional content.” Often, the sources of these regrets are unintended consequences or unintended audiences. And, such postings are the ones most likely to be utilised when assessing an individual’s suitability for a job post. Uninhibited behaviour on-line is a gift for certain personalities in organisations. Nevertheless, it is one thing wanting to know a little more about the views, motivations and lifestyles of job seekers; it is another thing to take a prejudicial leap of faith regarding that individual’s cultural fit and performance potential. This is further compounded when delegated to a third party to undertake such activity, where there is high potential for identity mistakes to be made. And, even wider judgemental bias can occur through delegated authority.

As a Principal Business Psychologist I often evaluate the validity of recruitment measures in order to determine the extent to which selection tools can predict job performance. Measures have different types of validity that capture different qualities. There are three major types of validity: content validity, construct validity, and criterion validity.

Content validity refers to how comprehensively the measure assesses the underlying construct that it claims to assess. Construct validity refers to whether the measure accurately assesses the underlying construct that it claims to assess. Criterion validity examines how well the construct correlates with one’s behaviour in the real world across multiple situations and manifestations. For instance, does the measure adequately capture the construct (e.g., innovation) as it presents in real life (e.g., time management, planning and organising, leadership, etc.)?

The reliability of a measure refers to whether the measure gets repeatable results. Will the recruitment and selection processes that a company uses work every time they need to hire someone, or just once? If their processes get good results every time, those measures can be said to be reliable.

On the basis of the above, I have to ask about the validity and reliability of social media screening. What construct does it purport to investigate, how well does it measure that construct, how well do any conclusions drawn correlate with required behaviour, and finally how consistent are the results?

The fact remains that screening must be done with caution, so that recruiting managers do not inadvertently act in manner that could be considered discriminatory, or unfair in other ways.

In common with other paperwork associated with the recruitment process, any personal data gathered during the recruitment/screening process should be handled and retained in accordance with any policy guidance on record keeping.

Organisations need to guarantee that:

  • the same restrictions apply to online checks as they do to all other aspects of the recruitment process;
  • personal data should only be accessed if it is relevant to suitability for the role;
  • only the absolutely necessary personal information that is relevant to the job should be collected;
  • social media searches should not be used as a personal fishing exercise;
  • reasonable steps should be taken to ensure the accuracy of any personal details accessed online;
  • a distinction should be drawn between the use of social media for mainly private purposes and for mainly professional purposes, i.e. viewing LinkedIn is acceptable, viewing Facebook is not;
  • information that is in the public domain regarding someone’s professional profile can be used;
  • before online searches are conducted, applicants should be advised that information about them might be gathered in this way;
  • applicants should be given an opportunity to respond to any adverse findings from online searches, where they may be considered in the decision-making process.

Only then can job applicants be reassured that it is their skill, motivational and personality drivers that are being evaluated, not their life choices. The latter has no place in legitimate, fair and open hiring decisions.

Our portfolio of assessment and development business simulation events are based on behaviours not competencies. We believe in focusing on the ‘observable outputs’ of performance.

Our behavioural strategy moves away from static definitions of performance to concentrate on performance that is tangible, observable and sustainable.

Our driving force is to build on behaviours that are flexible and adaptive, ensuring that talent management is inclusive and responsive to rapid change and uncertainty.

When using our portfolio of business simulation events you can directly observe, record, classify and evaluate behaviour. These performance metrics will enable your managers to have pragmatic dialogue around performance, improving both team fit and cultural alignment.

By using our events portfolio you can create a common currency and language for talent. This fosters the integration of your people strategy, creating a developmental legacy you can own.

All events and exercises are self-contained, i.e. they contain all of the administrative and scoring materials you need to manage an assessment/development business simulation without the need for external consultancy.

Our materials are powerful, accessible and easy to use.

More importantly, if they don’t fit your business culture or corporate standards ‘exactly’ you can edit them!

 

Don’t Let Unforeseen Issues Ruin Your Business

They can help you to find any loopholes or problems you may not think about. It can be hard to guess what may unfold with one of your employees, customers, or even a venture you work with. Perhaps there are issues on the horizon with a business partner. You need to be on your toes and a business law attorney can help you to be ready for anything.

They should look through all of your documents to make sure they are legitimate and there aren’t any concerns. They may ask you to make additions to certain documents before you and the other parties involved sign them. This is all to offer you an added layer of protection. They have been around long enough to know when something slips through the cracks it means trouble!

Evaluate your Needs

It is important to forge a solid relationship with a business law attorney. They can be in your corner from the time you start until your business ends. They can make sure you have the right insurance coverage and other elements in place. They are experts in these areas and they can find anything that is shifting and changing so your information isn’t outdated.

You can count on them when you have a legal question or any type of issue arises. You will feel confident you can trust your business law attorney to help you decide on the best possible solution to get a desired outcome. Such issues can be complex and they can take plenty of time to resolve. You can’t put your entire business on hold to look into them so get available help.

You need to be able to continue moving your business forward. Yet behind the scenes your business law attorney can help you to check choices and make the best possible decisions. If you aren’t working with one yet, you need to get busy finding an outstanding one you can trust. Otherwise, you may be in for a shock when a legal issue does arise. It can be expensive too!

You may be very vulnerable both personally and from a business point of view. The last thing you want is to lose your business, your home, and all you have worked so hard for because you didn’t have the right elements in place to offer plenty of protection. Now is the time to get it all in place if you don’t already.

Make the Connection

The business law attorney you work with needs to be able to help you with everything you need. They should be an expert in all areas of business law and they should be able to explain information and how it applies to your specific business. They should make time to answer your questions and help guide you with new information so you make excellent choices.

They should check the coverage you have in place and make sure your personal assets are separated from your business liabilities. Take your time to find a great provider with wonderful things being said about them. You want a seasoned professional who is passionate, who continues to learn and takes the time for their clients to make sure they get the help they need.

http://www.justice-lawgroup.com is a resource you can count on when you need legal help. We specialize in certain areas of the law including your rights if you have been wrongfully terminated, you have been injured in an accident, and so much more. The right representation can help you to get a favorable outcome. We know the law inside and out and we will fight to help you get the compensation you deserve. You can trust Justice Law Group to give your case the personalized attention it needs. We will help you to navigate through the legal system, explain your rights and your options, and be by your side every step of the way!

 

Legal Issues For Medical Staffing Agencies

Medical staffing agencies basic premise is to find qualified staff and link them to hospitals. Dealing with what hospitals need and want often places staffing company’s in a position that can lead to having issues with human resource and legal issues. Be aware of the laws that exist and how those laws affect your particular State and how those laws are administered by local and state regulatory bodies within your specific niche. You must adhere to such things as what benefits are being given, how you classify your staff and what taxes must be paid.

Classify Your Staff Correctly

It is a common practice in the field of staffing to classify employees as independent contractors. One main reason for this is due to the many requirements set forth by different states, those requirements often places staffing agencies at a financial disadvantage having to pay workers more and having to be responsible for taxes owed to States based on how your employees are classified. The Government is also aware that this classification is a “Red Flag” for them, especially being that self-employed staff according to the Government are less likely to report.

Follow the law

It may be tempting to classify your staff as exempt therefore not having to pay them overtime. This may be a direct violation of the Fair Labor Standards Act. Therefore, correctly classifying your staff and paying them for the overtime they work is a critical part of following the labor laws.

Do Not Discriminate

You agency is not exempt from having to follow the different regulations and laws that deal directly with who you hire and how you hire them, It is no different than any other business. Just like any other business, you cannot discriminate based on gender, age or race. Other regulations you must comply with are the Americans with Disability Act (ADA). Further, looking at other possible regulatory bodies to look at is OSHA standards related to the job. Your agency and the staff you hire can be eligible for unemployment compensation and you must comply with these laws as a staffing agency.

Your agency really must look at all aspects of what is being offered, what documents are being signed, how to deal with disciplining staff and how to fire staff. You need to make sure your contracts are analyzed and protect you and your business in the event you are sued. Do not ignore the need to cover your basis when starting or growing your business. You may already have a business, but the legal aspects of running an agency cannot be ignored and must be dealt with and updated continually.

Violation of employment laws can be daunting if not correctly dealt with agreements, hours worked and proper payment. Your staff is the lifeblood of your organization, treating them equally and equitable is the right thing to do, but also protecting your business from legal issues is your responsibility. Always consult an attorney for any legal issues related to employment law.