Effective and legal hiring practices – minimizing employment risk

Are you doing everything you can to minimize your employment risk through effective and legal hiring practices?  Are you utilizing an HR Professional to ensure that you are recruiting the right candidates for your organization?  I would like to go over a few areas and explain why it is so important to implement hiring practices that will keep your business safe and secure.

What is minimizing employment risk?

  • Employment risk is being sued by a former or current employee, organization or governmental agency for some type of employment-related matter – maybe a disgruntled employee sues you for age discrimination, the DOL fines you for not classifying or paying an employee correctly or the USCIS (US Citizen & Immigration Services) fines you for not maintaining appropriate employment verification forms.

What are effective and legal hiring practices?

  • Having job descriptions in place, so that if you are faced with a lawsuit, the job description is laid out and expectations are clear.
  • Having an effective recruiting process in place, so that again, if you are sued, there is a consistent and FAIR process in place – documentation that proves that candidate is/is not qualified.
  • Having effective/legal hiring process in place, so that there is no discrimination in sex, race, gender, ethnicity, marital status/family status, age, disability and citizenship status.

Job Descriptions

  • Descriptive, include “all other duties as assigned” as a job task.
  • Salary range is specified (benchmarking – ensure your range is close to similar businesses in your area – AAIMEA.org, cbsalary.com, salary.com).
  • Exemption is specified – exempt/non-exempt, salary/hourly (DOL.gov – can be fined if an employee is misclassified or if there are unfair payment practices).

Recruiting – ensure HR Dept. OR HR Consultant performs full-cycle recruiting

  • Ensure posting is legal – do not say “looking for attractive, young female for secretary position.”
  • Online postings – Craig’s List, local universities/colleges, bnd.com, stlbestjobs.com, stltoday.com, Monster.com, careerbuilder.com.
  • E-mail to all of your friends/networks/internal candidates.
  • Send posting to local Career Centers (Scott Air Force Base Career Center).
  • Resume/application screens – job hopper? Disorganized resume?
  • Phone screens
  • Ask appropriate and legal questions (cannot ask sex, race, gender, ethnicity, marital status/family status, age, disability and citizenship status).
    • Salary requirements
    • Why did they leave their previous jobs, breaks in jobs, what do they want from an organization?
    • Interviews
      • Only involve applicable interviewers (keep it to only a few); try to keep candidate relaxed, so that they open up more to you.
      • Only ask appropriate questions, ask a few of the same questions you asked over the phone to see if there is consistency in answers.
      • Maintain control of interview.
      • Tell candidates you will be making a decision shortly and will be in touch via letter/e-mail shortly – BE PROMPT; hold 2nd interview for prospect candidates.
      • Send rejection letters promptly – ensure it is done by an HR Professional – be careful what you state within the letter and if they call you and ask why you did not hire them.
      • Make verbal offer once you have chosen a candidate, CONTINGENT on background/reference check & any type of pre-employment screening.
      • Background check/reference check
        • Several laws/regulations on background checks (EEOC), especially in State of Illinois – make sure you follow guidelines; make sure you are consistent in decision process.
        • Use professional background check service (AAIMEA check).
        • Ask for at least 3 professional references & 2 personal – if references are gloating and consistent, chances are candidate is a good candidate, if references are ok, candidate may have underlying performance issues.
        • Any other type of legal pre-employment screening (physical, lifting tests, drug tests).
        • If candidate passes all pre-employment screening & accepts verbal offer, formulate official offer letter
          • Make sure that offer letter has been screened by an HR Professional.
          • Do not make any promises that company cannot keep to.
          • Break down salary by week/biweekly.
          • If you made a special offer for vacation – put it in the letter, outline benefits.
          • Orientation period and start date
          • Ensure it is signed by HR & candidate promptly.
          • Ensure ALL paperwork is kept on file – resume, application (covers you if any legal issues), background check, references, e-mail correspondence, etc. – DOCUMENTATION IS CRUCIAL
          • Ensure all necessary paperwork is filled out on the first day (ie, payroll, I-9 forms, etc. – I-9 provides verification of eligibility to work in US – can be audited by USCIS).

IN SUMMARY – put in place an effective, legal & consistent hiring process, so that your organization can minimize its employment risk and ensure its financial success!!!

© 2012 JD Consulting.  All rights reserved.

I'm a Human Resources Consultant eager to assist with your organizational needs.

Posted in Hiring
2 comments on “Effective and legal hiring practices – minimizing employment risk
  1. paltoane says:

    I am in fact delighted to glance at this blog posts which contains tons of valuable data, thanks for providing
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