Month: July 2010

Before long, one of the background checks that will be part of the pre-employment screening program, at least in some states, is to see if your job candidate has a valid card to use medical marijuana.   We may be a long way from this becoming a requisite background check, but then again, maybe not.

According to Freep.com, a lawsuit may reach the Michigan Court of Appeals that may determine precedent for consideration of medical marijuana in the workplace.  A Wal-Mart employee  who was legally eligible to use marijuana filed a lawsuit against his employer, or I should say former employer, after he was fired because his drug test was a positive for marijuana.  Wal-Mart attests that it has zero policy for drugs and that anyone with positive results in their drug test will be dismissed.

The law in general is hazy.  This holds true not just for Michigan but in other states that have adapted medical marijuana usage.  While some states may indicate the pot user is not entitled to imbibe the drug on the job, the issues remains as to whether the employee can come to work stoned.   In related instances, the Michigan Depart of Civil Rights has cases on file where the job applicants complained that once they declared they were medical marijuana users the prospective employers would not hire them.   In these cases, the employment candidates had no other blemishes that would show up on their background checks.

There are issues on both sides of this very controversial concern.   On one hand, why can an employee who has been legally been sanctioned by the state to imbibe medical marijuana be fired for something that is legal?  On the other hand, doesn’t an inebriated person, be it drugs or alcohol, pose a potential danger to himself and fellow workers while on the job?   Tough call.   I have written on this blog about medical marijuana in the workplace a number of times.  One such article is entitled,  Marijuana Laws and the Workplace–the Ongoing Saga.

In all, there are some 20,000 medical marijuana users in Michigan alone.  Presumably, most need a job.   Like the rest of us, they need to put a roof over their heads, and they need to eat.  I would think they have to eat even more, as even medical marijuana probably gives them the munchies.   In any case, perhaps the Michigan Court of Appeals can establish a precedent to help resolve this issue.  Or, do we stay tuned for yet another episode regarding marijuana in the workplace?  We shall stay posted.

This hardly comes under your standard pre-employment background check.  But according to BreitBart, Interpol is asking Web Surfers to assist them in tracking down fugitives from justice.  Wisely, Interpol has realized that its chances are greatly improved if concerned citizens find something fishy on the Internet social networking sites than the chances of spotting someone on the streets.  Even criminals on the lam, apparently can’t resist Facebook and the other social networking sites.

Since Interpol has first requested assistance, the operation has reportedly been successful.   More than 100 fugitives from justice have been arrested or located.   This request for public assistance was first initiated launched  May3, 2010.    Interpol was seeking some 450 people who were  either convicted or suspected of serious offenses.    The suspects are thought be located in, 29 countries. As Interpol covers crime on a worldwide level, public assistance could prove  a pretty significant resource.  Interpol has  also displayed the photos of some 26 people it is currently seeking.

Many employers resort to monitoring social networks as a background check related to their pre-employment screening programs.   Most are not looking for criminal behavior, just the usual misconduct that may deem someone an unworthy candidate or an employee marked for dismissal.   So this is a new twist on citizen service in relation to International Crime.  Knowing how many people are on various social networking systems, this can prove a potent weapon in fighting crime.

Here is the perfect example why employers should conduct their background checks up front.  In fact, employers should not only order the background checks but be sure to review them upon their return, in order to avoid costly and embarrassing situations.

Canadian Business Online reported that the proposed work on a nuclear plant in Eastern Georgia was halted because the contractor failed to ask  in writing his employees about their past histories with drug and alcohol abuse.   Can’t have workers stoned or high working on the construction power plant.  Not a good idea.  Can we say, Chernobyl?    So now the progress on the new nuclear plant may be delayed  as the employer waits for the  drug and alcohol side of background checks on his employees to return.   According to the article, the employees were asked verbally, and background checks were conducted.  However there were no actual drug tests and the employees weren’t quizzed about their substance issues in writing.

Every contractor should be aware of the necessary background checks it must conduct in order to meet compliant issues.   Usually, these background checks are spelled out in a basic statement of compliance.   You read it, review it, and then attend to the compliance issues accordingly.

Check them out before you hire.