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.
What if you get a hiring decision wrong, choosing someone from one protected category over another slightly better-qualified minority applicant? Fortunately, that misstep won’t open the door for hordes of minority applicants to sue. Only the slightly better-qualified applicant will have a claim.
While supervisors may use the term “overqualified” when discussing potential job candidates, be aware that it’s a legally explosive term. Rejected applicants could view “overqualified” as an age-related code word.
Q. We recently started to provide unpaid internship opportunities to local college students... The interns are not subject to the same process as other permanent or temporary employees in terms of background checks and workers’ compensation insurance. Now we’re looking at how best to structure this relationship to address issues such as what happens if an intern is hurt at a client facility. How should we approach this?
Good economic news means HR pros are spending more of their time recruiting, hiring and orienting new staff. But the process looks and feels a lot different than it used to.
Jeb Breithaupt, who owns a home building and remodeling company, says, "It takes me longer to hire someone for my staff than it does to design one of my custom homes. The philosophy behind my 11-step hiring process: Make the applicant work to get the job. Yes, that takes time. But my success rate is 90%. When I’ve failed to follow it, I’ve regretted it every time."
Before you begin talking to candidates, make sure everyone you selected for an interview opportunity is among the best qualified, and that you haven’t passed over anyone who is obviously as well-qualified as other applicants. That’s the best way to avoid a needless failure-to-hire suit.
When you buy a business, the employees generally don’t automatically transfer. Typically, the new owner decides which employees to keep on the payroll. Before you exclude any existing employees from consideration, make sure that rejecting them won’t look like a failure to hire because they have previously filed discrimination litigation.
Q. Our company recently terminated a manager who had been with us for less than three months. He just seemed not to be the right fit. Now the former employee is threatening to sue, saying he left a good opportunity to take a job with us, based on our offer and what was said in the hiring process. We did use an offer letter, which stated that employment would be at-will and that the offer letter did not constitute a contract of employment. Do we have cause for concern?
You know there are certain questions you just can’t ask job applicants. Typically, they expose your organization to charges of hiring bias. But using discretion in the hiring process doesn’t mean you should give up on the practice of thoroughly investigating the background of candidates for certain jobs in which a rogue worker could harm other people.
Here’s a simple way to keep many disappointed applicants from filing needless lawsuits: Make sure someone removes any application or résumé information that indicates race, national origin or other characteristics belonging to a protected class before the information is passed on to whoever makes the initial screening decision.