Wednesday, January 2, 2008

Re: [BDSM-LegalIssues] Re: New book -- good but disturbing

Another point I haven't seen made. The burden of proof for a personnel
action is significantly lower than in a criminal proceeding. I don't see
this coming up much in hiring decisions, but quite frequently in
terminations. Just because a DA chooses not to prosecute a case, does not
restrict the employer from taking action based on the same set of evidence
and in some cases a smaller set.

In its simplest form, if someone takes a swing at a supervisor, in most
cases they are fired. Again in most cases this may or may not result in an
arrest, and rarely will it result in a conviction.

We do background checks on 100% of the people we hire. Of the people chosen
to be hired, 15% wash out on the drug tests, about 5% due to falsification
of their application, and probably less than 1% due to other findings on the
background check. We are dealing primarily with professional and trades
people. The only difference with unskilled positions is there is a smaller
number rejected for falsification on the application.


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