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.
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:
Unfortunately for employers, the EEOC can spend as much time on the investigation as it wants without losing the right to sue. That’s because there is technically no statute of limitations on the commission’s actions. But that doesn’t mean employers are powerless. Fortunately, there is a legal doctrine employers can use when the EEOC waits and waits to initiate litigation.
If you’re hiring for a position with very specific requirements, you may get a limited number of applicants, maybe even just one. Are you obligated to offer the position to someone from such a limited applicant pool? A recent court decision clarifies this crucial recruiting strategy question.