Tools for Successful Selection

1. Tools for Successful Selection Job Application Forms

2. What Should be Included? • Employers can ask anything that will help them make a better hiring decision • but burden of proof is on employer • Job/organizational analysis should provide one basis for content • Some questions are better after hiring • Include a disclaimer/waiver

3. Using Application Data • Traditional subjective approach • Training and Experience Checklists • Biodata approach (WABs, BIBs) • Information in application forms can be scored • Weighting formula can be used to create a score

4. Weighted Application Blanks • Information on existing application blank is scored and relationship of each item to criterion is determined • Only the relevant items are used (and weighted) to create WAB score

5. Biographical Information Blanks • Biodata questionnaires are developed to measure demographics, experiences, interests, attitudes of applicant • Broader, longer, and more “rational” than WABs • Only items predicting job performance are included in final, weighted score

6. Tools for Successful Selection Background and Reference Checks

7. Basic Assumptions • Past behavior is a good predictor of future behavior • Employer has a responsibility to assess past behavioral problems

8. Negligent Hiring A violation of an employer’s common law duty to protect its employees and customers from injury by hiring an employee it knew (or should have known) posed a threat of risk.

9. Criteria for Negligent Hiring • Broader than doctrine of respondeat superior • liable for employees’ actions committed in scope of employment • Employer responsible for “foreseeable” consequences of hiring a person • even if reckless and beyond scope of employment • if employer knew or should have known of employees’ unfitness • Greater risk of harm--> higher standard of care

10. Defamation of Character The offense of injuring a person’s character, fame, or reputation by false and malicious statements • Slander - if spoken • Libel - if written

11. Safe Reference Checking • Obtain employee’s permission • Have employee waive right to review • Defense of truth • Privileged communication • “[when] a duty [moral, social, legal] to speak and an interest to hear facts about anther's performance are relatively more important than an individual’s reputation”

12. Privileged Communication • Must be in good faith • Without malice • By party in position to evaluate information • Directed towards party with legitimate interests

13. Recent Legal Developments • Many states are considering protections for good faith job references • May increase likelihood of negligent hiring/negligent referral lawsuits if employers don’t check references

14. Negligent Referral Companies may be liable for not fully and truthfully disclosing knowledge about a past employee’s potential for causing harm

15. Recommendations -Reference Seekers • Ask for only job-related information • Obtain from knowledgeable source • Document procedures & information • Obtain written permission of applicant • Check multiple references • Verify negative information

16. Background and Criminal Investigations • May be appropriate for high risk jobs • Particularly to check for: • violent behavior • fraudulent behavior • Informus Corporation is one example • Be sure you can defend necessity of information

17. Recommendations-Reference Providers • Provide only job related information • Have employees sign release • Provide only documented information • Have a written policy • Provide only written references