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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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Given the low cost and the easy accessibility of electronic records storage, many employers are making the digital leap to “paperless” HR. But despite the many benefits of going paperless, a host of legal problems could derail even the best-intentioned digital records plan. Carefully consider these legal issues when transitioning to an electronic personnel records system.
Sometimes, it’s hard to distinguish one applicant from another. That’s especially true for unskilled positions. How do you choose? If one of the factors you use is work history, rest assured it is unlikely your choice will be challenged successfully.
Q. When interviewing prospective employees, will I violate the ADA by asking how many days of work they missed during the past year at their prior jobs?

Do you live in fear of being sued for discrimination? Don’t let it compromise your legitimate decisions. If you’re confident that you have good reasons to fire someone, don’t worry about whom you hire to replace that employee. Even if the replacement is outside the fired employee’s protected class, she probably won’t be able to successfully sue you.

The immigration law landscape keeps changing, and employers must keep up. Now a new risk is emerging: Clever attorneys have begun filing RICO Act lawsuits, alleging that some employers are essentially running “mob” operations by knowingly hiring illegal immigrants.

When California enacted a 2004 law requiring employers to grant paid leave for employees to bond with a new child or care for a sick family member, critics predicted it would cost jobs and harm small businesses. A new study says that didn’t happen.
The NCAA basketball tournament may be done, but the “Final Four Biggest Workplace Headaches for 2011” competition continues. Read up on four of the most vexing HR problems, and then cast your vote for the winner—the one that makes your work life miserable.
The challenges facing HR pros who specialize in talent, compensation and benefits are dramatically different today than they were just a year ago. At Deloitte Consulting, we call it “the talent paradox”—the apparent contradiction that occurs when unemployment is still relatively high, yet companies still are seeing significant shortages in critical talent areas.

Employers operate in an increasingly complex legal environment, made all the more difficult by the tough economy. Hiring has emerged as a particular trouble spot. You need to hire and maintain a skilled and productive workforce, but you must watch out for legal liability that can surface in the process.

Q. Many of our employees are eligible for a bonus at the end of each year if they meet specific yearly sales goals. Are we required to prorate the bonus for employees who fail to meet their goals because they took FMLA leave during the year?
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