Hiring

When hiring employees, negligent hiring practices can doom the process. Learn from your colleagues’ successes – and avoid their pitfalls.

Smart interview questions, well-written job descriptions, and sharp interviewing result in hiring employees that work out well, AND make you look good in the process.

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Here’s one of the simplest ways to avoid failure-to-hire litigation: Adopt a uniform system for posting openings—and then stick with that system. If you do, employees won’t be able to claim later that they didn’t know about an opening and would have applied if only they knew. Plus, transparency protects you against claims you were trying to dissuade certain individuals from applying.

With the summer season approaching, the potential for employment law problems heats up in the workplace. From short-staffing to sexual harassment to child labor issues, there's plenty to make HR pros sweat. Here's a five-point to-do list to help you weather the season.
You're likely to someday work with attorneys on contracts or even — perish the thought — lawsuits aimed at your organization. The good news is you can take some steps to contain the cost of using outside attorneys. Here are 7 common-sense ways to trim your legal expenses:

While 30% of nearly 600 employers surveyed by Towers Watson report that employees are less engaged in the organization than before the financial crisis, another 28% of employers believe employee engagement has actually risen during the recession.

The first rule of negotiating a raise is to make it easy for your boss to say yes. That means anticipating objections and addressing them in advance. Smart negotiators rarely say, “I want more money.” Instead, they use facts to drive home their valuable contributions. Here’s how to prepare for your next salary review:

Smart employers have well-developed and organized hiring and promotion processes. Not only do they have them, they follow them carefully. That’s critical because when people don’t get jobs they want, they often suspect discrimination. And then they sue, whether they have a good case or not.

The company that owns the Beauty Smart chain of salons in Henderson, Oxford and Durham has reached an agreement with the U.S. Department of Justice to end what the department called “pattern and practice national-origin discrimination” that violated the Immigration and Nationality Act.

With the enactment of the Franken Amendment to the Defense Appropriations Act for FY 2010, Congress and the Obama administration have begun an assault on employers’ use of mandatory arbitration as an alternative to court trials for resolving workplace disputes and claims. Employers have been asking whether other alternatives to jury trials will exist in the absence of arbitration. One alternative that companies can consider: entering into waivers of civil jury trials with their employees.

Q. We would like to hire an applicant who used to work for a similar company, but he has a noncompete agreement with his former employer. We think the noncompete is way too broad—it lasts for three years and prevents him from working anywhere in the country—and we do not believe the work he will be doing competes with any activities of his former employer. Can we go ahead and hire him?

Some discrimination cases have a way of resurfacing even after you thought you had settled the matter. That can happen when the litigious employee reapplies for work. If you’re going to settle a case, consider including a clause that guarantees the former employee will never apply again. That might have been prudent in the following case:

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