Avoiding Pitfalls in Hiring & On-Boarding By: Rosemary Marin The Value of Commitment TM.

Avoiding Pitfalls in Hiring & On-Boarding

By: Rosemary Marin

The Value of Commitment TM 

Hiring Practices

Concerns:

Bad Decision: Problem Employees

Defamation Invasion of Privacy Discrimination Retaliation

Hiring Practices

QUESTION:

Is there a connection between how well an employer hires and how often that employer gets sued?

Hiring Practices

ANSWER:

Common threads in employment lawsuits: lied on the application/resume application or resume had red flags that were

missed employer didn’t do reference/background

checks the person hiring didn’t ask difficult questions

Hiring Practices

If you will do your homework BEFORE you hire, you may not need to fire.

EVEN BETTER:

You might avoid a problem before it starts.

Hiring PracticesSuggestions:

Know what you are looking for Good looks do not equal good

qualifications Set your qualifications in writing

Hiring PracticesQualifications:

Basic and Essential Functions Essential Qualifications Days and hours required Pay Exempt/Non-exempt BEWARE OF DISPARATE IMPACT

Hiring Practices

Job Postings

• Requirements of Position• Be truthful• Beware of discriminatory language

(except BFOQ)

Hiring Practices

Job Postings

OK NOT OK

Part-Time Student

Energetic Young

Stable Married

Sales Rep Salesman

Server Waitress

Hiring Practices

QUESTION:

What are some warning signs on the application?

Hiring Practices

Answer: The Devil’s in the DETAILS Blanks Inconsistency between application and resume Dates don’t match Typos Illegible Reasons for leaving Prior employers closed Criminal History

Hiring Practices

Question: What are good ways to weed out

applicants and decide who gets an interview?

Hiring PracticesAnswer:Facebook?Twitter?Background Checks?Reference checks?

Oral or Written?

Hiring PracticesBackground Checks

U.S. Department of Labor:

One in 99 American adults is currently incarcerated. One in every 15 African-American adults is incarcerated. One in every 36 Hispanic male adults is incarcerated. If people cannot secure jobs when they are released from

incarceration, it increases the chances they will return to a life of crime.

Two out of three adults had a job before they went to jail, but incarceration can reduce their earning potential by 40 percent when they get out.

Hilda L. Solis, Secretary of Labor

Hiring PracticesBackground Checks

Rosemary’s Short List:

Get an FCRA release to obtain information Convictions Only Relevant timeframe Relevant to the job

Hiring Practices

Question:How do we avoid hiring pitfalls in interviewing?

Hiring Practices

Answer: Know what you’re looking

for; Train the interviewers; Keep good notes; Stay away from protected

classes.

Hiring PracticesSuggestions:

Practice your interviewing skills Ask questions that are relevant to the

job Don’t take bad interview notes

Hiring Practices

Question: What if you’re called for a reference?

Hiring PracticesAnswer:1.Be aware of defamation laws;2.Limit who is being permitted to disclose

information

3. Have a policy & follow it

4. Safe answer:Job PositionDates of EmploymentEligible for Rehire

5. Get a release from a prospective employee

Questions????