Month: November 2017

Discover How To Legally Do Employment Screen

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Have you been assigned to do pre employment screening for your company? Many companies don’t even do any type of employee screening and leave themselves open to unwanted employees. Your company and it employees need to be safe in their environment from individual that could harm them. Use the following tips to uncover unwanted employees.

Make sure you employee application obtains plenty of information to start your background check. Missing information that helps you learn more about the applicant will make your checking more difficult. Look over your application form and create one that will help you in your background check.

Your first check is to look into the persons Social Security information. This is the starting point for your employment screening check. This check is done to make sure the Social Security belongs to the individual. It also gives you information on his past addresses and alias identity. Many people hide their own status by using other people’s Social Security.

Once you have new addresses or alias, you can check the employment criminal background check and driving record with the new address or new names. This gives you a more accurate picture of what the prospective employee is like.

After you have gathered the information from the Social, Criminal, and Driving Records compare it to the application filled out by the individual. If some things don’t match, then you should talk to the individual and ask why the difference. Many times they will not remember that they had made some changes in their past with names or addresses.

The next thing to do is a pre-employment credit check. This part of the employment screening is where you look at credit report, which is not the typical credit report. You are not allowed by law to see their actual credit report with all of their financial data. You will see their report with many items blanked out.

To do an employment criminal background check you will need the applicant’s birth date. The law does not permit you to ask for a birth date on the initial employment application. What you have to do is to hire the person and make his employment status based on passing the criminal check.

One thing most screeners miss is getting past co-workers names and phone numbers. Usually they will get supervisor’s names but also fail to get their phone numbers. So get these names and phone numbers so that you can call and get more information on the prospective individual than would be provided by Human Resources.

There you have it a good outline to start your employment screening. You first start with a good application form. Move on to do the Social Security check and then do a driver’s license and employment criminal background check. End with a credit check. If you want more screening consider using a pre employment screening services.

Employment Outlook For Surgeons

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The Advisory Council for General Surgery stated that the total of general surgeons in the US in ’94 was between a little over seventeen thousand and over twenty three thousand, or a ratio of a little over seven general surgeons per one hundred thousand people. As many as a third of today’s practicing doctors may retire by the year ’20. It is hence estimated that because of the number of retiring surgery physicians, the job market for them is solid and should continue to increase. There are special concerns about a likely lack in the near future as older physicians retire. Rural areas are especially vulnerable, as they are prone to being unable to appeal to and retain physicians, statistically.

Increased jobs will be open to surgeons in areas of poorer populations and rural areas. Surgeons earned an average annual salary of $240,533 to $361,589 in 2008, as quoted from Salary.com reports. Salaries vary according to experience in the field, geographic location, and professional specialization.

General Surgeon’s Salary Range

Generally, most medical specializations and sub-specializations, the amount of experience, geographic location and the type of facility and determine the Surgeons salary. The Allied Physicians Salary Survey revealed a difference in salary for general surgeons by years of experience as follows: * 1-2 Years – $226,000 * 3 or More – $291,000 * Cap – $520,000.

General Surgeon Job Overview

The international job forecast for general surgeons is good as well because the shortage for physicians is happening around the world. Career opportunities are expected to grow faster than the average between the present and 2014. The Department of Labor showed that 14.6 percent of all practicing physicians are qualified in surgery.

The Aging Population in the US

The US demographic is growing old. From ’10 and ’35, all age groups 70 and above will rise by over 95%. This indicates that there will be a greater demand for all physical wellbeing services and a relatively smaller and younger population of doctors taking the retiring doctor’s place . Some are uneasy that as the Baby Boomer age group starts receiving Medicare coverage the older physicians may retire more quickly rather than accept the lower fees and larger workload of the federal sponsored Medicare. Furthermore, it is predicted that as many as one-third of today’s practicing physicians will retire by 2020. However, the economic downturn and substantial job loss across the country has had a blunt effect on the revenue stream to physicians. When people lose their trade, they also lose their health care benefits and consequently access to health care.

Stock Market Decline impact on Retirement

The recent stock market decline has impacted older doctors’ decisions. Some doctors are delaying retirement because of the economy’s impact on their retirement savings. But even a three to five year setback cannot possibly attend to the impending loss of experienced doctors. Some new doctors are looking to Locum Surgery jobs for the short term to remain available for better employment.

Health Care Bill

Even with the health bill at last signed into law, its effects on our health care is not yet known. By ’14 there will be an increase in the enrollment into health care insurance programs. This growth, when combined with the ongoing aging of the people, should push demand for services and therefore cost higher. Still, no one yet knows what will come to pass with remuneration rates from Medicare and this new plan. The question is will there be rate a cut of reimbursement rates for different specialties by Medicare, and will this new program turn into a decreasing factor of the salary of all specialties including General Surgery, its related specializations, and subspecialties.

Clearly the Obama administration has it’s work cut out for it. We are getting older and there are fewer and fewer young people to carry this growing fiscal burden. The Sins of the Fathers…

EmploymentLabor Law Disputes Benefits of Arbitration andor Mediation

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In today’s legal landscape, increasing numbers of employers provide an alternative to costly and time consuming litigation by utilizing both arbitration and/or mediation in their breach-of-contract Employment/Labor Law cases.

Mediation allows the parties an opportunity to review their positions through the objective perspective of a certified mediator. Furthermore, the mediation process provides each side an opportunity to consider the proposed contract breach through the filter of the objective, impartial guidance of the mediator, thus assisting each party to make informed choices that are in their best interests. A mediator, working as a facilitator toward a resolution in the interest of both parties, is able to present a non-emotional setting for potential resolution of the dispute; moreover, settlement occurs in what employers and employees often consider a private matter without a public airing as matters in mediation are confidential for the parties involved. A number of contracts may require mediation at some point in the dispute process, providing a more expedient and less costly process than litigation. .

Arbitration, on the other hand, can be either binding or non-binding. Like mediation, the process is less expensive and more expedient than litigation and, thus, less emotional for the parties. Non-binding arbitration, like mediation, is not a final adjudication unless both parties are in agreement. In non-binding arbitration, parties may accept the decision of the arbitrator, but if they don’t, the process ultimately provides the following: (1) gives each party the opportunity to review more objectively the position of the other; (2) provides each party an idea about the potential outcome of litigation; and (3) allows each party to review its position and make more informed choices in regard to the settlement of the case without litigation.

Binding arbitration, increasingly included in employment contracts, allows both parties to present their positions and evidence to an arbitrator who renders a decision binding on both parties in the dispute. The arbitrator hears the evidence, reviews it either alone or as part of an arbitration panel, and renders a binding decision. In the event that a contract includes binding arbitration as the resolution process in contract breach, the employee’s or employer’s only recourse to a non-favorable decision is appeal, a more timely and costly road.

Litigation of contract breach can be both financially and emotionally exhausting. To reduce the anxiety and financial difficulty, mediators and arbitrators work diligently to bring the parties to resolution and avoid the stress and cost of litigation. The benefits of mediation and arbitration are obvious: cases move to resolution far more quickly than litigation if agreement is reached; disputes remain private rather than suffering a public display; the parties are afforded information to review and an objective viewpoint to consider in order to achieve settlement, or, in the case of binding arbitration, an opportunity to move quickly to resolution rather than waiting for a court date. In summary, alternative dispute resolutions (both mediation and arbitration) provide a less anxiety producing and less costly method by which to resolve employment/labor contract disputes. A well-trained mediator or arbitrator with a broad base of experience offers an opportunity for desired resolution of disputes.

W. David Shearer, Jr. is a Florida Supreme Court Qualified Arbitrator and a Florida Supreme Court Certified Circuit Civil and Family Mediator. Consider W. David Shearer for your arbitration or mediation needs. He is interested in serving clients throughout the state of Florida. Call (239) 537-4691 or visit his website http://www.flarbitratormediator.com for more information.

Trethowans Employment Law Five Changes to Employment Law in 2010 (Part Two)

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As 2010 gets into full swing, there is set to be a substantial review of the UK’s employment law regulations over the next 12 months. Further to last week’s article, Southampton solicitors Trethowans bring you another five changes to employment law expected to be made by the Government in the coming year:

1.Independent Safeguarding Authority
From November, new workers who wish to work with children or vulnerable adults will need to register with the Independent Safeguarding Authority (ISA), who will work in partnership with the Criminal Records Bureau (CRB) to prevent unsuitable people from working in such environments.

2.Renewed Union Rights Regarding -Blacklisting-
The Government has outlined a number of proposals making it illegal for a company to sack, or refuse employment to a worker based on appearing on a -blacklist- due to their union memberships. The proposals also allow workers or their unions to pursue legal action against those who use, compile or distribute blacklists. The regulations will come into effect in the spring, pending approval by Parliament.

3.Sick Notes to be Replaced With -Fit Notes-
Under the Social Security and Statutory Sick Pay Amendment Regulations, doctors can state whether an individual is able to fully carry out their work, some work, or no work at all. The law, when introduced in April, will also allow doctors to state whether an employee could return to work under altered circumstances, such as reduced hours, amended duties, or adaptations to their working environment.

4.Reduction in Unfair Dismissal Compensation
The overall compensation award for dismissals on or after 1st Feburary will fall from 66,200 to 65,300, while the daily compensation award limit will fall from 21.50 to 21.20

5.Time to Train Initiative
This new scheme gives employees the legal right to request time off for training, under the Apprenticeships, Skills, Children and Learning Act. However, employers are within their rights to refuse requests if it can be proven that the employee taking the time off would be detrimental to the business. It will become law for businesses with more than 250 employees in April, with the scheme being extended to cover all businesses 12 months later.

For more information about Trethowans and the services they offer, call 0845 302 4695, or visit the Trethowans website at http://www.trethowans.com/.

——————- Company Description
Trethowans LLP has over 130 people, based in our offices in Salisbury and Southampton. We advise both individuals and businesses, including international groups, national chains, household brand names, major regional businesses, owner-managers, entrepreneurs and SME businesses. Five of our six teams that advise business clients are highly rated by the two independent guides to the legal profession, Chambers Guide to the Legal Profession and the Legal 500.

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Press release produced and promoted Hit Search. Find out more about us and our services at http://www.hitsearchlimited.com/. Tel: 0845 643 9289

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Employment Law – Excessive Working Hours – Breach Of Duty Of Care

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n the case of Mark Hone v Six Continents Retail Limited (2005), a pub landlord having collapsed due to overwork successfully sued his former employers in the County Court for breach of duty of care.

Mr Hone, the claimant, started working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 was awarded “Pub Manager of the Year”. However, in 1999 he started working at The Old Moat House where he found himself working 13 hour days.

He repeatedly complained to his employers that he was overworked but the employers took no action. He had no assistant manager and other staff members, who left, including two chefs and an administrative worker, were never replaced.

Mr Hone, who had refused to sign a clause opting out of EU legislation that limits the number of hours an employee works, began suffering from headaches and insomnia. In May 2000, he collapsed at work suffering from an anxiety disorder. In 2004, Mr Hone sued Bass for breaching the duty of care owed to him as an employee.

The first instance court ( Swansea County Court ) held that:

Bass had not taken reasonable steps to ensure that Mr Hone did not work over 48 hours, which was likely to cause injury to his health, and that resources were available to employ more support staff for him; and
Bass should pay Mr Hone 21,000 in damages.
Six Continents (formerly Bass) appealed this decision to the Court of Appeal who upheld the Swansea County Court’s judgment.

Comment: This case highlights the importance of not imposing excessive working hours on employees and ensuring that employees have sufficient staff support.

If you require further information contact us at

RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.