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Labor and Employment Law

Does the law require employers to provide reasons for not hiring candidates for employment?

Can employers administer drug and alcohol tests to their employees?

As an owner of a small business, do I have to verify the citizenship of all of my employees?

After firing an employee, what may an employer tell other potential employers concerning the reasons for termination and employees character?





Q: Does the law require employers to provide reasons for not hiring candidates for employment?

In most cases, an employer does not have to give reasons for not hiring an individual. It is, however, a wise business practice to keep a record of all interviewed candidates and your reasons for not hiring them. If in the future you are accused of illegal discrimination in hiring, you can use these records to recall the reasons and defend your company against the claim.


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Q: Can employers administer drug and alcohol tests to their employees?

Each state has laws which vary drastically concerning alcohol and drug testing in the workplace. Depending on the occupation in question, including some transportation jobs, federal law may also play a role in whether and how often employees should be tested. If you are considering drug or alcohol testing for your employees, it is crucial that you consult an experience employment lawyer who can explore your options with you, reviewing state and federal regulations.


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Q: As an owner of a small business, do I have to verify the citizenship of all of my employees?

Yes, the Immigration Reform and Control Act requires that all U.S. employers verify the identity and eligibility of all workers, whether they are American citizens or not, by completing the Employment Eligibility Verification Form I-9.  In order to complete the I-9 form, the employer must review particular documents for proof of legal work eligibility. An employer must retain these forms for all employees either for three years after the date of hire or for one year after employment is terminated, whichever is later.


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Q: After firing an employee, what may an employer tell other potential employers concerning the reasons for termination and employees character?

It is a best business practice to release only dates of employment and the title of the former employee's last position. This will help reduce the legal risk of a former employee's viable claim for defamation and any third party claims for negligent hiring based upon the information provided.


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Siegel & Sitler, PLLC, located in Hauppauge, NY, serves clients throughout Suffolk County, Nassau and Long Island including but not limited to: Riverhead, Ronkonkoma, Central Islip, Smithtown, Commack, Melville, Hicksville, and Mineola.



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