Do you have a Business “Go Kit”?

shopliftingMany folks have go kits set up so that in the event of a storm, natural disaster or civil disturbance, they can grab their family and the Go Kit and be covered. Personal Go Kits tend to have copies of documents such as drivers licenses, birth certificates, passports, deeds…. But Go Kits can also include items to survive such as water, food, medicines, flashlights, a weapon…. These concepts used to be confined to those among us that are expecting a doom’s day interruption or ending to our society.

However, with the complexity of our society come other issues. How would you easily prove that a house belongs to you, if the area was damaged beyond recognition? Say a hurricane, flood, wild fire or earthquake? What happens if the official records are also lost? Are you going to depend on others to put your life back together again?

The same applies to your business. How will you prove to your insurance company that your inventory is valued at $XXXX if your records all disappear in a fire? The same applies to payroll records and the like. You need to have a BUSINESS Go Kit!

Thankfully this is simpler than you may think. Consider keeping your data files in a cloud environment that has multiple backups on servers that are located in multiple locations around the US. If they are on one server located in New Orleans or Miami, I would re-think that strategy. We use Google’s cloud. It costs us $5/month per employee and the redundant backups are on five separate servers in five different geographical locations in the United States.

Scan in important documents such as business licenses, insurance documents, titles, vendor documents, etc. Put them in your cloud. That way you have access wherever you are. It might be a good idea to put photos of your business, inventory, equipment and more on there, every six months or annually. Have your backups of accounting data such as Quick Books reside their also. All of this plus payroll records, taxes and more could be rebuilt but why would you want to take the time to do this when it is simply a matter of changing your habits?

Oh but “it will never happen to me” or “I will get to that tomorrow” are favorite phrases we all like to use to put something off that we know should be done. It will happen to you and it will happen “tomorrow”. An earthquake may never threaten your business but then again a data loss, PC crash probably will.

Unless you are wealthy beyond belief, then like the rest of us that are not, we depend on our business to provide for our families and life style. We will need to restore that cash flow in the quickest manner possible and with the least amount of effort to get there. Your business Go Kit will help make that happen.

It is also a good idea to keep a few extra cases of water, blankets, candles and canned soup on hand. I may be miserable but being warm, having a full stomach and a little light to read by will make it a little less miserable.


COPYING EMPLOYEE THEFT

shoplifting1Quite often, I like to showcase a new theft trend, or perhaps a funnier shoplifter story for a bit of humor. This month is no different. We’ve talked about some pretty serious issues on the past two articles and now I just want to share a story that goes along with that employee theft piece. It’s something I bet each and every one of you will react to immediately after reading.

At one point last year, our company finally gave us (Regional LP Managers) access to our store’s P&L statements. You would think we would have already had this… Better late than never I suppose. It’s a great tool for me to see the overall profitability of the store. I can use my expertise to help the store reduces losses/expenses and to become a more profitable business. One store in particular stuck out. They were over their office supply budget by thousands of dollars. Odd.

Most stores spent between $500-$1000 a month on office supplies like toner, paper, pens and pencils. This particular store was spending triple that; at least $3k each month. I met with the store manager during a visit and asked about that line item. He was just as perplexed. Where were these office supplies going each and every month? We devised a plan. We initiated a “buy back” program for all employees. We put up signs in the offices and common areas asking all employees to clear their lockers, cars and homes of any supplies they may have taken home. It happens, no big deal. When the employees returned the items, we weighed them on a digital scale. The employee with the heaviest return received a gift card. Well, it worked. We had pens and pencils for the next two years. Next month, the store still spent $2k in supplies.

Baffled, I reached out to our accounting department. Surely, there had to be an error somewhere. Perhaps a line item was being mixed in where it shouldn’t be. It took a few days, but I convinced one of the accountants to give me an itemized breakdown of all office supplies the store had ordered over the past year. Toner. The store was ordering toner. Lots and lots of toner.

I questioned the managers and personally searched the store. Over the past six months, the store had ordered nearly 25 replacement toner cartridges. Couldn’t find them, and couldn’t explain why the store was ordering so many. I decided to ask the administrative assistant. A kind of last ditch effort to explain why the store kept ordering copy toner. 15 minutes into my conversation and I had a theft confession.

Toner, apparently, will resell very easily online, especially if you mark it down about 50%. The administrative assistant was ordering toner, then simply walking out the front door with it. She’d post it on eBay and was making a pretty healthy profit from it. It was a first for our LP department. No one else had ever, in my company’s history, uncovered this form of theft. It was a bit unusual, but still cost us well over $12k. My advice to you; look over your office supply orders.


EMPLOYEE THEFT IN THE 4TH QUARTER

theft (2)It always seems that as we get into the 4th quarter, cases of internal theft seem to rise. Every year for the past 8, I’ve dreaded the case load that I know will be coming in the next three months. While it is impossible for me to predict, with any certainty, internal theft cases at any point in the year, I can always guarantee that each one of my 29 stores will have at least one case in the next three months. Good thing I’ve got my bags packed.

I would almost bet that I’m not alone here. Those of you reading this right now have experienced the same thing. Yeah, sure, we see employee theft cases all year long, but why do they seem to increase during the end of the year? Are more people just desperate to satisfy those wish-lists? Is it driven by greed for the season’s hot new electronics? Is it our temporary associates, who may not receive a background check? Probably a little bit of all of those.

Holidays bring pressure, especially if you have a family. Even more so if you are struggling financially. Those children surely need a new tablet, even though rent may take up an entire 2 weeks’ salary. Let’s not forget about utilities and groceries, clothes and other essentials. If someone is desperate enough, Santa will pass, but it will be on your dime. I grew up in poverty. My father worked long hours for minimum wage, and my mother raised 3 kids. When the holidays came around, I can remember my mother taking on temp work and my dad taking on another job. Nowadays, it seems as that type of work ethic is completely unheard of. Why work yourself to death, when you could just steal what you want.

Our employees also have greater access to product. Even before that new tablet hits the display, an employee has to take it off the delivery truck. Chances are, these receiving employees are grossly unsupervised, and can simply cart it out the back door. Just last week, I had a case where two guys were doing just that. They had bilked the store for nearly $10k in product that never made it to the sales floor. The managers learned a very hard lesson about supervision, as well as back door procedures. Employees also learn our system and understand where our weaknesses are. Last year (same store as the first example), the hard-goods employees (all 10 of them) were taking cash payments from customers and loading up bulk items like treadmills, ride-on toys, and basketball goals. The store has a procedure in place for a supervisor to verify all receipts prior to bulk items being taken out. The store was not following this program and it costs them well over $75k.

Temporary workers are another pain in my side. Obviously, we need the additional support in the 4th quarter. Hiring is essential, but hiring the right person is even more so. My company waives the background check process for temporary hires. It’s the reason I’m bald at 28. There are better alternatives out there. I know a ton of other retailers also have this practice. It’s not good for business. Yes, these people are only working for you for a limited amount of time, but they can do serious damage in that time. Just last year, two temporary cashiers embezzled nearly $30k in one of my stores by processing fraudulent return transactions. Upon their arrest, we saw on their criminal records that each had multiple arrests for embezzlement and shoplifting. They would have never been offered employment outside of the temp hire period.

There is no quick fix, or simple solution to employee theft. As managers and business owners, you have to take proactive steps to minimize your losses. Employees will always find ways to steal from you; it’s your job to make it increasingly difficult for them to do so. The key to a strong 4th quarter is clearing your store of product, just not through the backdoors. 


Shoplifting, Technology And The Customer’s Privacy

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For many retail stores the holiday season is a time when they see a huge jump in sales, and profits hopefully follow.  For many of those same stores, the problem of shoplifting is something they have to deal more than ever during this time of year.  Billions of dollars are lost due to this crime and stores spend a lot of time and money to combat shoplifting.  So, what are some of these big retailers doing this holiday season to combat this crime?  Follow the links below to read more about this topic.


Walmart’s Use of Sci-fi Tech To Spot Shoplifters Raises Privacy Questions

Retailers are scanning shoppers with high-tech tools to automatically pick out suspected thieves, absent rules to protect privacy.

In the old days, when a store caught someone stealing, a detective would march the thief to a backroom and take his picture with a Polaroid camera. The photo would be added to the retailer’s in-house rogues gallery to help store security keep an eye out for bad guys.

But earlier this year, Walmart  WMT -0.70%  showed how times have changed. It tested a system that scanned the face of everyone entering several of its stores, identified suspected shoplifters, and instantly alerted store security on their mobile devices.

The potential of such facial recognition technology has been discussed for years. But now some stores are actually using it.


Shoplifting – is it worth the price? | Your legal corner

The holiday season is quickly approaching as we begin to plan our Thanksgiving feast.  Yes, families will gather around the Thanksgiving table and give thanks once again for the blessings received throughout the year.  For many, Thanksgiving will also be the official start of the holiday shopping season.

Don’t ruin your holiday season by attempting to shoplift.  A moment of weakness is not worth the ultimate price. Shoplifting cannot only put a damper on your holidays but the penalties imposed may follow you around for the rest of your life.

Types of Shoplifting

Shoplifting can take many forms.  Most people believe shoplifting is limited to removing merchandise from a store.  However, just concealing merchandise may be considered shoplifting.  Or, what if you simply switch or alter a price tag?  This also may be considered evidence of your intent to steal and is considered shoplifting.


Legendary jewel thief caught trying to swipe earrings — at age 85!

Cops nabbed an international jewel thief who was allegedly up to her very old tricks again at an Atlanta department store.

Security personnel at a Saks Fifth Avenue store spotted 85-year-old Doris Payne — who’s been stealing pricey jewels for over half a century — on video trying to swipe a $690 pair of earrings, Atlanta Police said.

The sticky-fingered 5-foot-1, 110-pound woman was found some time later at a shopping mall next door with the earrings in her pocket, authorities said.

She was taken into custody and charged with shoplifting.

Payne, who was still in the Fulton County jail on Tuesday, was the subject of a 2013 documentary titled “The Life and Crimes of Doris Payne.”


What Is The Profile Of A Shoplifter?

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There is no profile of a shoplifter. And although lately some retail stores have been charged with profiling shoppers, the truth is, you cannot know whether a customer entering your store is a shoplifter or not. Security cameras, loss prevention officers and well trained managers can help a business with shoplifting.  But making assumptions whether this particular customer is a shoplifter can, in the long run, make your business loose more money by engaging in profiling.

For more about this and other news follow the links below.


Ex-Trooper Who Shot Man Arrested for Shoplifting

Columbia, SC (WLTX) – A former South Carolina Highway Patrol officer who shot a man during a traffic stop last year has been arrested on a shoplifting charge.

Sean Groubert, 32, and his wife, 23-year-old Morgan Groubert were both arrested back on October 18, according to the Richland County Sheriff’s Department.

According to an incident report, the two were at the Walmart at 10060 Two Notch Road. A loss-prevention employee at the store said the two were at the self-checkout register paying $29.84 for items worth $136.04. The employee told deputies the men had changed the price tags on the items.

Both were booked at the Richland County Detention Center. Groubert’s lawyer said his client is accused of stealing food.

At a hearing Monday morning, a judge did not revoke bond for Sean Groubert on the charges he’s facing related to the shooting, but did order him to be on house arrest without electronic monitoring. Sean Groubert asked the judge to keep him out of jail because he said his wife is expecting a child and he’s the only source of income.


At odds over shoplifting policy in Knoxville, Tennessee

KNOXVILLE, Tenn. (AP) – The Knox County District Attorney is taking an aggressive new approach against shoplifters that could land repeat offenders in prison for years.

District Attorney General Charme Allen has authorized the use of felony burglary charges to prosecute petty thieves who return to the scene of their shoplifting crimes, the Knoxville News Sentinel reports (http://bit.ly/1RspPlA). The policy, enacted a few months ago, is untested in Tennessee’s appellate courts, according to attorneys.


Montana State player pleads guilty to shoplifting

BOZEMAN, MONT. 

A Montana State men’s basketball player has pleaded guilty to misdemeanor theft for shoplifting from a Bozeman grocery store.

The Bozeman Daily Chronicle reports (http://bit.ly/1OlokYC ) 22-year-old Shikei “Shy” Blake pleaded guilty to Bozeman Municipal Court on Oct. 21. Sentencing is set for Nov. 18.

A citation indicates the theft happened on Sept. 20 at Town & Country Foods. No additional information was available.

MSU coach Brian Fish declined to comment.

Blake is a junior center from Wilmington, Delaware, and transferred to MSU from Northeastern Junior College in Sterling, Colorado. He arrived on campus in late July.

The Bobcats open their season with an exhibition game Tuesday against Northwest Indian College.


State’s shoplifting laws handcuff retailers

The other day, I walked out of a hardware store without making a purchase because I couldn’t get a clerk to come unlock the anti-theft hook from which the item I wanted was dangling. My petulance came cheap because I knew I could buy the same item at any number of other places, but it made me wonder how often anti-theft devices do double duty as anti-sales devices.

According to the 24th annual National Retail Security Survey, American retailers lost $16.7 billion to shoplifters in 2014. Since the study looked at inventory shrink, it apparently didn’t factor in the cost of anti-shoplifting devices – or lost sales to customers irritated by them.

Nor, apparently, did it include the cost of chunky tags on clothing, swiveling surveillance cameras and the hiring of loss-prevention specialists, those retail employees whose jobs have nothing to do with selling or customer satisfaction.

We’ve grown accustomed to the sight of uniformed guards standing sentry near store exits and patrolling the parking lot the way cowboys once rode the fence line. According to federal statistics, private security guards now outnumber certified law enforcement officers by a 3-2 margin. Security, in America, is increasingly a product to be purchased.


Protecting Your Employees From Shoplifters

law-3Protecting your business and employees from shoplifters seem to be getting harder. Knowing when and what to do when a shoplifting incident occurs in your store  can help prevent employees and customers from getting hurt.  Do your employees know who to call? What to do when a shoplifter is taking goods from your store and walking out? Making sure your employees know what do, and how to respond when an incident occurs can help prevent accidents.

Follow the links below for more information about this topic.


Spike in shoplifting drives property crime wave in Taos

TAOS — Taos Municipal Court may seem quaint, decorated as it is with landscapes painted by the judge himself, but it’s not sleepy. The court’s docket of shoplifting cases nearly doubled during the last fiscal year to just under 90.

Judge Dickie Chávez says approximately 3 out of 4 shoplifting cases in his court concern the purported theft of alcohol.

And it’s not usually teens stocking up for parties.

The spike in shoplifting cases comes despite the Taos Police Department’s tough approach, arresting rather than citing virtually every suspect apprehended regardless of how small the alleged theft. But it also raises questions about whether law enforcement and courts are the right institutions to address a problem officials say is driven by substance abuse.


‘Operation GroupMe’ was meant to fight shoplifting, enables racial profiling instead

Georgetown has had a shoplifting problem lately, so local citizens turned to group-messaging app GroupMe for help. The Georgetown Business Improvement District partnered with local police to launch “Operation GroupMe” early last year to connect small businesses, police officers, and community leaders in a concerted fight against shoplifting. Instead, it’s become an exercise in racial profiling.

Local police in the Washington, D.C., neighborhood recorded more than 120 thefts in just the last 60 days, according to CBS News. The group-messaging chat room, which comprises 380 members, was meant to help shopkeepers, police, and others alert each other about shoplifters or people who seem suspicious.

In the more than 3,000 messages exchanged about suspicious people in the Operation GroupMe group since January, nearly 70 percent were black, according to a review by the Business Improvement District. This is a particularly startling finding, given that nearly 80 percent of Georgetown’s residents are white.


Police: Helena man bites Capital Sports employee in shoplifting attempt

A 38-year-old Helena man faces a felony robbery charge on accusations he bit a store employee’s hand during an attempted shoplifting. 

Dwight Edward Pierson is jailed on $20,000 bond.

Police responded to Capital Sports, 1092 Helena Ave., on Friday after receiving a report that a store employee had detained a suspected shoplifter. Officers noted the employee had two open, bleeding wounds on his right index finger, charging documents say.

The employee told police another worker saw a fishing reel sticking out of Pierson’s pocket while in the store. Pierson, who is on probation, ran from the store, court documents say. An employee grabbed Pierson by his hood and pinned him to the ground.


Don’t Confuse Training with Meetings

meetingpic.Initial and continued on-the-job training is one of the most effective ways to curb shrinkage and loss.  When done correctly it can reduce employee theft, lower shoplifting loss, cut down on administrative mistakes and catch vendor fraud.  Unfortunately, it’s become one of the most dreaded parts of a job.

It’s dreaded, by both managers and employees, for a good reason.  On-the-job training has become confused with and replaced by the employee meeting, which is usually boring, poorly run and downbeat.  But, they aren’t the same thing.   

Over the years experts have promoted replacing the “old way” of individualized on-the-job training (and management) with the “new and time saving” plan of having employee meetings instead.  The idea of managing and training people by group, rather than individually, is becoming the norm.

Supervisors are trying to change and manage behavior through group meetings, instead of properly training (at first and on a continuing basis) employees individually.  But, that way of managing only goes so far with good or average employees, and it especially doesn’t work with problem ones. 

It’s not uncommon for a new policy to be created as a response to one or two people’s problem behavior.  The policy is then presented in an employee meeting as a store wide issue, rather than the individual one it actually is.  Often, new policies don’t need to be written – the old ones just need to be enforced. 

They need to be enforced at the individual on-the-job training or coaching level.  Employee meetings are, at best, ineffective places to address one person’s behavior; at worst, they undermine management’s credibility and authority.

For example, this was overheard in a retail store – “Don’t forget the employee meeting at 3.  You know, where we all get yelled at for something Brittney and Josh are doing, but the team leaders are too scared to say anything to them.” (These weren’t their real names.)

It’s a given that proper training is the best defense against mistakes, loss and shrinkage.  Employee meetings are good places to give information and do general training.  But, the best and most effective training is still individual coaching based on the employee’s strengths and weaknesses. 


Nicole Abbott is a writer and psycho-therapist with over 20 years of experience in the fields of mental health and addiction.  She’s an educator, consultant, lecturer, trainer and facilitator, who has conducted over 200 workshops, trainings, presentations, college classes and seminars. 

Shoplifting Prevention and Your Store Policies

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Video surveillance has been considered for many stores a way to stay abreast criminal acts against their businesses.  Shoplifting is crime that is constantly jeopardizing profits for many stores across the world, video cameras and other means to prevent shoplifting have helped stores fight this crime, but is always a battle that is changing with new technology coming into play.  Posting and knowing the policies and procedures that govern your retail stores concerning shoplifting, can help keep your employees safe and your store from becoming a hang out place for shoplifters.

Read more about this and other topics by following the links below.


Macy’s employee stabbed trying to stop shoplifting at D.C. store, police say

A Macy’s employee was stabbed in the shoulder Tuesday afternoon as he tried to prevent a suspected shoplifter from leaving the store’s downtown location near Metro Center, according to D.C. police.

The worker was not seriously injured and the suspected stabber was arrested, police said. The incident occurred about 3:30 p.m. near the store’s entrance in the 1200 block of G Street NW, along a street lined with stores four blocks from the White House.

Lt. Sean Conboy said police could not immediately provide any information about the person who was arrested.


Taking steps to prevent shoplifting

In early July, $3,000 in designer dresses, slacks and jackets were stolen from ADORE Designer Retail Boutique in Cary, one of Nancy Alinovi’s two consignment shops in the Triangle. She still feels sick about it.

“It’s just this feeling in your chest,” she said. “It’s not a victimless crime.”

Alinovi said it will be two months before everything returns to normal at the family-owned boutiques, which cut prices in order to stay afloat after the theft. Her experience shows the toll shoplifting takes on small businesses, where margins are small and business is personal.

There were 582 calls to the Raleigh Police Department regarding shoplifting in the past year, said Jim Sughrue, department spokesman. They run the gamut from family-run gas stations to department stores, he said.

According to a National Retail Federation’s security survey, shoplifting accounted for 38 percent of the $44 billion in retail inventory loss due to crime in 2014.


Focus on shoplifting

Police nab thief with aid of video

Video surveillance was a key factor in the arrest of a Grand Falls-Windsor man Aug. 9 after he was caught on film on three separate occasions stealing from local businesses.

Grand Falls–Windsor RCMP arrested and charged the 27-year-old with theft under $5000. He was released from custody, placed on conditions and scheduled to appear in court at a later date.

Grand Falls-RCMP also dealt with a number of assault and disturbance cases among the 68 calls for service fielded at the detachment between Aug. 3 and Aug. 9.

On Aug. 4, the Grand Falls–Windsor RCMP arrested and charged a 30-year-old Grand Falls–Windsor resident for uttering threats. The male had written a letter threatening to kill a local female.  The male is scheduled to appear in court at a later date.


TIPS TO PREVENT SHOPLIFTING

shoplifting1I’m constantly asked on ways to prevent, or stop shoplifting by store employees and managers. They see the empty packages every day and some of them are just tired of dealing with the problem. I have some managers that think by increasing the LP headcount will make a difference, while others want to lock everything up behind glass. How do you prevent shoplifters from targeting your store? Do you lock everything up and use the newest EAS devices to battle the growing shoplifting problem? What if I told you that while EAS devices are a great resource, you can implement several programs in your store that wouldn’t cost you a single penny? Interested yet?

First and most importantly, you have to build an awareness culture in the store. You employees need to be engaged and pay attention to what’s happening around them. Look at your store tomorrow. Are you team members being unproductive, are they failing to greet and assist your customers, are they task oriented? You’re probably going to answer yes to each of those questions and that’s OK. Those are all behaviors that can be addressed and corrected. How do you make them care?

It starts at the top. From the store manager on down, there needs to be clear expectations set in terms of customer service and store standards. Employees that don’t meet these expectations should be weeded out. Customer service is the greatest tool you have. If a customer knows that they can’t walk 10 feet before being assisted by your store, they will most likely return to your store. Likewise, a thief isn’t going to want that much attention and it will drive them away.

Second, start discussing shrink and loss prevention at every store meeting, morning meeting and department meeting. Give your team the knowledge of what is being lost and when. Discuss the top 5 stolen items for the month and the top shrinking department. Talk about known shoplifters and any specific products that are being targeted. This is also a great time for department employees to share new “hot” items that the rest of the store should be aware of.

Third, have a “LP communication station”. In my store, I have a large message board in the break-room. Here, I display the month/week shrink numbers, highest shrink department and top shrink skus. I also include different shrink topics each week so the team members can always gain some knowledge. I also feature an employee each week that has done something that positively impacted shrink. Maybe it was a cashier that caught a price switch, or maybe a sales team member that deterred a shoplifter. It’s a great place to recognize their behavior so they constantly strive to continue their actions to get “featured” again.

Lastly, you need to have a good cashier training program. So much fraud happens on the front end, it’s almost unbelievable. You have customers stuffing merchandise, altering prices, using fake credit cards, phony checks, counterfeit currency, hiding product under baskets, quick change artists and the list can go on and on. A well trained cashier team is your last line of defense against fraud. I constantly hold training sessions with my cashier team. It doesn’t matter if they’ve been with me for one week, or three years. There is always something they can learn to be more aware of how losses occur at their registers. Personally, I hold a contest each month with my cashiers to see who can catch the most amount of theft/fraud. You’d be surprised the results you can get if you offer up a free meal☺.

The greatest part of all of this is that it’s completely free. You can spend thousands of dollars on a camera system, EAS devices and/or a dedicated LP team in your store and still not see the same results as you would by just implementing some of these steps. There is absolutely no substitute for a well-trained and focused employee to prevent theft.


Information You Need to Know About Pre-employment Screening

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Many employers required drug testing for their employees before they are hired, but the pre-employment screening does not necessarily stop there.  Background checks for possible hires are sometimes a necessity, specially if you are in the retail industry where the smallest profit margin can make a big difference.  What do you need to know before hiring a new employee? Are there any issues that are unlawful for you to pry into?

Follow the links for more information about this topic


Are you an employer who’s hiring? The importance of pre-employment background checks

if you’re an employer who’s hiring, you can’t afford the risks associated with not doing Pre-Employment Background Checks, advises Bay Area Investigations & Protection Services in Burlington, Ontario.

The need for employers to conduct pre-employment background checks for job applicants is now more important than ever before. Background checks can be critical to the safety and welfare of your business, your employees, and even third-parties such as suppliers. Anyone who is unfit to join your firm can jeopardize any part of your company, including its reputation, financial status, or the safety of others.

Background checks provide a company with the means to discover any false information or discrepancies that might not have appeared in a job application or through the company’s employment screening process. Keep in mind: your company could be held liable for property damage, theft, or any harm that comes to another due to one of your hires!


How could pre-employment test be discriminatory?

Q. I am looking to hire new employees. Some applicants who did not qualify for the open positions are now threatening to sue, claiming that my pre-employment tests are discriminatory. What should I know about pre-employment tests?

A. Title VII of the Civil Rights Act of 1964 prohibits discrimination in all terms and conditions of employment on the basis of race, color, religion, gender or national origin. Title VII allows for the use of professionally developed screening procedures and tests, as long as they are not intended or used to discriminate.

However, an employer may use a test that has an adverse impact on protected groups if it can show that the test is job-related and consistent with the employer’s business needs. To prove that a test is job-related, it must require test-takers to demonstrate the knowledge, skill or ability to successfully perform the duties of the job, or it must be tied to the tasks required of the position.


‘It’s legal, but …’ Most municipal employees can use marijuana as long as it doesn’t affect work

“It’s legal, but…”

That was the subject line for an email from the city of Tigard about recreational marijuana use by employees.

“The rules that apply to the work place have not changed,” wrote Dana Bennett, human resources director with the city. “As you already know, it is against policy to be at work under the influence of any controlled substance, whether alcohol, prescription medication or marijuana.”

Employees at metro-area municipalities received similar reminders this past week. Most appear to be on the same footing with their drug use policies: Employees can smoke on their own time, but they can’t come to work stoned.

“It’s no different than coming to work intoxicated from alcohol,” said Cornelius City Manager Rob Drake.