Avoiding Pitfalls in Hiring & On-Boarding

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

2. Hiring Practices Concerns: • Bad Decision: • Problem Employees • Defamation • Invasion of Privacy • Discrimination • Retaliation

3. Hiring Practices QUESTION: Is there a connection between how well an employer hires and how often that employer gets sued?

4. 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

5. 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.

6. Hiring Practices Suggestions: • Know what you are looking for • Good looks do not equal good qualifications • Set your qualifications in writing

7. Hiring Practices Qualifications: • Basic and Essential Functions • Essential Qualifications • Days and hours required • Pay • Exempt/Non-exempt • BEWARE OF DISPARATE IMPACT

8. Hiring Practices Job Postings • Requirements of Position • Be truthful • Beware of discriminatory language (except BFOQ)

9. Hiring Practices Job Postings OK NOT OK Part-Time Student Energetic Young Stable Married Sales Rep Salesman Server Waitress

10. Hiring Practices QUESTION: What are some warning signs on the application?

11. 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

12. Hiring Practices Question: • What are good ways to weed out applicants and decide who gets an interview?

13. Hiring Practices Answer: Facebook? Twitter? Background Checks? Reference checks? Oral or Written?

14. Hiring Practices Background 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

15. Hiring Practices Background Checks Rosemary’s Short List: • Get an FCRA release to obtain information • Convictions Only • Relevant timeframe • Relevant to the job

16. Hiring Practices Question: How do we avoid hiring pitfalls in interviewing?

17. Hiring Practices Answer: • Know what you’re looking for; • Train the interviewers; • Keep good notes; • Stay away from protected classes.

18. Hiring Practices Suggestions: • Practice your interviewing skills • Ask questions that are relevant to the job • Don’t take bad interview notes

19. Hiring Practices Question: What if you’re called for a reference?

20. Hiring Practices Answer: 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 Position • Dates of Employment • Eligible for Rehire 5. Get a release from a prospective employee

21. Questions????