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.
Here’s a problem that isn’t going away anytime soon: Courts often look at the available labor pool when figuring out whether an employer’s hiring practices have a disparate impact on a protected class. If the employer is caught filling informal quotas to create a balanced workforce, members of other protected classes may sue for discrimination.
There may be a ticking time bomb lurking in your employment policies and practices. It may go off at any time, when you least expect it. During its most recent term, the U.S. Supreme Court unanimously ruled that employers can be held liable upon the use of employment practices that have a disparate impact on employees, no matter how long ago the challenged practice was adopted.
California lawmakers—and courts—don’t like noncompete agreements because they limit employee mobility and career growth. Most employers understand that they can’t enforce such agreements if an employee leaves. But what about an informal “gentlemen’s agreement” between competitors to refrain from hiring employees who signed agreements?
If you can’t explain how you select candidates or why you hired one applicant instead of another, get ready for court! However, there’s a simple, two-step way to keep from being sued: 1. Create a hiring process that makes sense. 2. Follow it rigorously.
Buoyed by a good education system, low costs and a falling crime rate, Pittsburgh has placed fourth on Forbes magazine’s annual list of the nation’s best cities for working mothers. The rankings were based on a survey that weighed women’s income, cost of living, availability of pediatricians, safety, employment and spending on education.
Companies that think they can fly under the ICE radar could be making a costly mistake. An ICE investigation can be triggered at any time by a tip from a disgruntled employee, customer, or other "concerned citizen." ICE has also identified Form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.
As the economy turns the corner, more employees are looking over the fence to see if the grass is greener elsewhere. “For the first time since 2008, we’re seeing more people quitting than being laid off,” Jamie Minier, president of The Right Thing recruiting firm, says. “Employers need to be thinking now about how to create a strategy to recruit.”
Will a court acknowledge a company “policy” that doesn’t exist on paper? One court recently did—even though the policy wasn’t written anywhere—because the policy was being followed by all managers. Still, when in doubt, it’s best to write it out…
“Communications don’t have to come from benefits people to raise concerns about company benefit liability,” says Pamela Perdue, a benefits attorney with Summers Compton & Wells in St. Louis. For that reason, Perdue suggests employers give their hiring managers a “cheat sheet” to reference when talking about company benefits.
If you use independent contractors, make sure they have the freedom to work for other clients and largely set their own schedules. Those criteria are important for determining whether someone is an “employee” and, thus, eligible for unemployment.