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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Courts don’t like to meddle in hiring decisions unless they see something obviously wrong with the hiring process. The key is to treat all qualified applicants alike—and then document that you did so. For example, hiring managers should ask the same questions of everyone they interview and use the same scale to rate each applicant.

Q. What are the new hiring preference requirements on Illinois public works projects?
Managers, supervisors and HR professionals, beware: Courts are cracking down on employers that punish employees who serve in the military. One way is by clarifying that those who participate in hiring and firing decisions may be held personally liable for violating USERRA.
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.
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.
In a Robert Half International survey, employees rated “working for a stable company” and “having a strong sense of job security” as the two most important factors about their work situation. Robert Half District President Brett Good suggests that organizations should leverage that new desire for stability during the hiring process. Here are six ideas from the survey that might work for you:
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