Both written words and oral promises must be chosen carefully to avoid creating either actual or implied employment contracts during the hiring process. Employee lawsuits can erupt when managers make promises in an interview that can't be kept, create job offer letters that leave no room for flexibility, or inadvertently oversell the potential for monetary rewards creating an implied employment contract.
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.
Interview questions must not only produce useful information for making informed hiring decisions, but also stay on the right side of employment laws. Anti-discrimination acts make it imperative that interviews focus on applicants' abilities, not their personal characteristics, whether they involve disability, pregnancy, age, sex or religion.
Q. Our company doesn’t want to consider applicants who send in unsolicited résumés. We are trying to come up with a legally sound definition for “applicant” so we can write an official policy. Any suggestions?
If you don’t regularly post your job openings and promotion opportunities, you are asking for trouble. Here’s why: Applicants and employees can sue if they believe they missed out on an opportunity—even if they never applied. That litigation blindside may force you to justify your hiring and promotion decisions long after you made them. And if you didn’t keep careful records, you may be in trouble.