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Pre-Employment Legal Issues
Our Guest: Mr. Jordan Cowman , Partner
Baker and McKenzie Law, Dallas
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(July 17, 2000) Mr. Cowman is engaged in a national practice of management-side labor and employment matters. He is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Mr. Cowman represents and provides counsel to employers and individual managers and supervisors on diverse issues. Contact Information: Baker and McKenzie, Dallas, 214.978.3015; www.bakernet.com; jordan.w.cowman@bakernet.com.


Introduction
Welcome, I'm Capri Brixey. Today I'll be talking to Mr. Jordan Cowman about Pre-Employment Legal Issues...
Question 1
You could start us off by quickly introducing yourself, Baker and McKenzie and your background in the legal profession.
Question 2
Why do employers need to be trained so specifically in hiring employees? What are the legal dangers?
Question 3
Your presentation at the EMA Conference emphasized the importance of clearly understanding a legal battle, saying that business loses a lawsuit even when it "wins" in court. Why?
Question 4
The first [stumbling block] you mention is watching out for "salts" that seek to organize unions. Tell us more about what salts do and how to handle those situations.
Question 5
Just in case some of our listeners don't know, tell us exactly what the IBEW stands for.
Question 6
Finding good applicants can be hard. How should employers "cast their net," as you say?
Question 7
So in the case of employers who offer bonuses to employees for recruiting applicants, what is your opinion? Is this a bad idea based on your mention of word of mouth or should they simply recruit from a number of sources?
Question 8
What is a good method for evaluating an applicant? What signs should employers look for that might indicate legal problems in the future?
Question 9
Would that then be negligent hiring; is that what negligent hiring is?
Question 10
What should businesses know about background checks before they do them?
Question 11
Some interview questions can present legal problems. What questions should not be asked and why not?
Question 12
What are the benefits of [non-competition agreements] and how do they hold up to legal scrutiny?
Question 13
Overall, what advice do you give to HR professionals on dealing with the numerous possibilities for liability in hiring practices?

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