January 31st, 2012, 01:22 PM
Where do my legal web responsibilities end and begin?
My client owns a transportation company searching for new employees. He would like me to build an online job application webpage with fields to fill in and submit. He would also like permission from the potential candidates to do a background check and look at their past driving record.
Here’s the problem, he is looking to me to give him legal advice as to what you can and can’t do (regarding job applications) over the internet in the US and the state of Iowa.
I advised him I would look into it but my efforts are in vein. I would need to pay for legal council to find out what I can and can’t do. Plus I think it is not responsible for him to rely on his web designer for legal advice.
Anyone have any thoughts or advice on this? Where do my responsibilities end and begin? How should I handle this?
January 31st, 2012, 04:29 PM
You absolutely should not be providing him advice one way or another on this issue. For ten years I have worked with Human Resources data and there are a lot of laws and regulations regarding the safeguarding and privacy of data you collect. I'm aware of many of these myself but not a lawyer either so anything that we do along this line gets approved by our legal corporate risk team before we take action. To do a background check you will need a social security number.
Honestly, what I would really suggest is he look to a site such as monster.com to place an ad. If he's only hiring a few people (and it sounds like only one?) then it pretty much seems a waste of time to reinvent wheels and turn the website into a job application site to begin with. You can have a link to a jobs/career page and then link to an actual jobs website from there easily enough. You're also more likely to attract good candidates from a well known and reputable job site and much less likely to attract candidates when they see a form asking for their SSN on a site where the security of that site is completely unknown.
My advice to this guy: either contract with a real jobs website, or talk to a lawyer. Don't ask me I just design websites!
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March 10th, 2012, 09:15 AM
Have you sign a contract with him of what your job description is? I had this kind of employer to that he demands so much and want to finish the task without foreseeing the time allotted with every of his task.. I would work so late to finish the daily task he is given me and without console for my overtime. I address this to him that work time should be followed at the proper time working hours. He basically pay me for my overtime now.
Confront him. This is a good gesture and just be now when mentioning your side to your boss.