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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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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 eligible for unemployment.
Q. I constantly run into this problem: I prescreen a candidate who seems like a perfect fit for the job description. But when I send the person to the hiring manager for an interview, I’m told to keep looking for someone better. This is frustrating to the managers, the applicants and me. Any suggestions on how I can improve my screening?

Bolingbrook-based Quantum Foods faces a national-origin discrimination lawsuit from the EEOC, based on a Hispanic worker’s claim that he was terminated because of his national origin. The EEOC sought hiring records for the facility for the past four years.

The New Jersey Law Against Discrimination (NJLAD) expresses a clear legislative intent to prohibit discrimination in all aspects of the employment relationship. However, the NJLAD allows employers to refuse to accept for employment or promote anyone over 70 years of age. The law does prohibit firing someone over 70 because of age. This exception was the subject of a recent New Jersey Supreme Court ruling.

Audrey Sheftall and her granddaughter both applied for jobs at Perdue Farms’ Lewiston facility on the same day. Perdue hired the granddaughter, but not the 66-year-old Sheftall. Sheftall complained to the EEOC that Perdue had discriminated against her because she was no longer—ahem—a spring chicken.

Q. We currently have a policy against the hiring of anyone with a felony conviction. Can you shed some light on whether this policy is legal?
Q. We are considering hiring an employee away from one of our competitors. Should we ask whether she is subject to a noncompete agreement, or is it better for us to move forward not knowing the answer?

Sometimes, the best lessons are learned from the worst examples. That’s often the case with HR management. When employers make big mistakes and have to pay for them in court, other employers with good practices—that maybe need just a little tweaking—can discover what not to do. Here’s a good example.

Federal employment laws can be terribly confusing, particularly because they often have different definitions for the size of a business that is exempt from the law. Use the following list to make sure you’re not spending time and money complying with laws that only apply to larger businesses.

In a case coming out of Illinois, the U.S. Supreme Court has ruled that each time an employer uses the results of a test to select candidates for promotion creates a new opportunity for employees to challenge that test. That means if a test was invalid, its continued use may spur litigation long after the test was actually administered.
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