Upload
hacong
View
227
Download
1
Embed Size (px)
Citation preview
Recruiting, Interviewing, and Selecting the Best Employees
Fred Whitford, Coordinator, Purdue Pesticide ProgramsMark Hanna, Senior Corporate Counsel, The Eastridge Group of Staffing Companies
Cindy Gerber, Human Resources Manager, JFNewMark Wade, Manager of Human Resources, Evans Properties, Inc.
Arlene Blessing, Developmental Editor and Designer, Purdue Pesticide Programs
Introduction .......................................................................................................................................... 5HiringWasNeverMeanttoBeEasy.................................................................................................... 6 TheCostofHiring ................................................................................................................... 7 TaketheTimetoHire .............................................................................................................. 8TheStepstoHiring .............................................................................................................................. 10 StepI:CreateaJobDescription ............................................................................................. 11
StepII:DevelopanApplicationforEmployment ..................................................................... 13 StepIII:InterviewtheCandidates ........................................................................................... 16 StepIV:GatherData ............................................................................................................... 21 StepV:MaketheOffer ............................................................................................................ 24
StepVI:NotifyRejectedApplicants......................................................................................... 25Step VII: Define the Introductory Employment Period ............................................................. 26
Completing the Hiring Process ............................................................................................................ 27 RetentionofInterviewFiles .................................................................................................... 27
Form I-9: Employment Eligibility Verification ........................................................................... 30SSAWarningLetters:WhenNamesandNumbersDon’tMatch ........................................... 31
New-Hire Reporting: Tracking Parents Who Owe Child Support ............................................ 32ChildLaborRegulations:RestrictionsonJobsandHours...................................................... 33Employment-At-Will:NoNotice,NoReason,NoCause......................................................... 33NegligentHiringandRetention:YouShouldHaveKnown ..................................................... 35Employees’ Right to Privacy .................................................................................................... 37Non-Compete Provisions: Restricting Employees’ Right to Work ........................................... 38
Conclusion ........................................................................................................................................... 39Acknowledgments ................................................................................................................................ 40Appendixes .......................................................................................................................................... 41
5
Consider the following situation:You have spent months comparingthe cost and quality of new fleet vehicles, pagers, office copiers, computerequipment,andsprayrigs;and you’ve spent the entire winterconferring with experts about whichpesticides and fertilizers to use inthe upcoming season. But suddenlyone of your valued employeestells you she has accepted a job in
afternoon. Fifteen minutes into theinterviewyoureachacrossthedesk,shake his hand, and say, “Welcomeaboard.” You tell him to see the office secretary for the necessary newemployeepaperwork.
You think back to your morningfraughtwithpanicwhenyourtrustedemployee resigned. But you havefilled the position without having to recruit job applicants, which waspainless and quick, and your peaceof mind has been restored—or
another state, indicating that hernew employer offers better careerdevelopment opportunities and thatshe will be given responsibilitiesthat will showcase her skills andexperience. The new job includesadditional perks, better pay andbenefits, and expanded retirement options. She will resign at the endofhershifttogetreadytomoveandbeginhernewjobthefollowingweek.
Panic sets in, but you graciously wish your employee the best and beginthinking about filling her position quickly. You ask your office staff if thereareanycurrentjobapplicationson file and, in fact, there is one that
was submitted a few weeks earlier.Youquicklyscantheinformationandnote that the applicant can at leastwrite neatly! You call the applicant,and it’s your lucky day: he is stillunemployedand looking forwork.Aquick interview is arranged for that
Introduction
6
so you think. Unfortunately, yourrelief will be short-lived. If you hadchecked the applicant’s references,you would have discovered that hehadatroubledworkhistory:poorat-tendanceandcustomerserviceskills,unsatisfactory work, and a negativeattitude.Youmighthavebeenbetteroff just walking down the street andhiring the first person you met. Does thisscenariosoundfamiliar?
When faced with an unexpectedresignation, some companies re-act by hiring too hastily. Hiringsomeonewithoutareferencecheck,abackground review,and validationoftheinformationsuppliedonthejob
Hiring Was Never Meant to Be Easy
application seldom works out, longterm.
This publication provides you
with the tools you need to increase
your efficiency in hiring andretaining
employees. We will discuss writing
adetailed jobdescription,providea
guidefordevelopinganemployment
application form tailored to the
pesticide application industry, and
list essential interview questions.
Taking the steps outlined here will
helpincreaseyouroddsofattracting,
hiring,andretaininggoodemployees;
anditwillreducethelikelihoodoflow
morale, low productivity, and staff
turnover.
Selecting job applicants to in-terview, drafting good interviewquestions, and ultimately decidingwhich person to hire can be adauntingchallenge.Aneffectiveandefficient hiring process is essential to yourpersonalandbusinesssuccess.You must hire people who can putforthyourcompany’spositive imagewhile performing with accuracyand efficiency. Your well trained, conscientious employees are yourmostvaluableassets.
A thorough review of applicants’backgrounds is essential to the
JohnKatterjohn
Your human resources manual should address hiring procedures.
7
hiring process, and your subjectiveevaluation of how well their person-alities and work ethics will fit into youroperationisalsoimportant.Theprocess requires a lot of time spentreviewingjobapplications,goingoverdetails presented on resumés, and
interviewing candidates to decidewhat technical, communication, andpersonalskills theycanbring to thecompany. Time invested in carefulhiring procedures will save time inthe long runbyhelpingyouavoida“badhire.”
Consider what it costs to hire a
new employee, from the time the
position opens until the employee
becomes productive—that is, when
the person’s performance becomes
an asset to your company. There
are readily identifiable costs such
as training manuals and/or initial
classroom training, pesticide licens-
ing, and pesticide recertification
classes.
In addition to the tangible costs
of hiring a new employee, there
are intangible expenses known
as “opportunity” costs. A good
exampleisthecostofasupervisor’s
time spent working with the new
employee—timethatcouldotherwise
be spent managing the business.
Intangible expenses also include
timespent listening toandresolving
complaints lodged by customers
andotheremployeesabout thenew
person’sperformance.Everytimean
employeeresignsoristerminated,the
company’sinvestmentislost;andthe
costlycycleofrecruiting,interviewing,
hiring,and traininganewemployee
startsalloveragain.
The Cost of Hiring
The initial and ongoing expense of training and certification—not to mention the value of your time spent on orientation—is part of the cost of hiring a new employee.
A suggestion box provides a discreet way for staff to communicate concerns about a new employee. The value of your time spent resolving new employee issues is part of the cost of hiring.
FredWhitford
8
Take the Time to Hire
The longer the period betweenan employee’s resignation and thehiring of a replacement, the longerother staff must take up the slack;or,evenworse,thelongerworkgoesundone and you lose revenue. Youmay find yourself under enormous pressure to hire someone quickly.Buttherecruitmentprocessrequiresa great deal of patience, especiallywhenworkisbackloggedbecauseofdelaysinherenttothehiringprocess.Takethetimetodo it right,andyouwillnotregretit.
Youmayask,Whytakethetime?Considerthefollowing:
• Make the right decision the first time. Seldom will good hiresturn bad—nor bad hires, good.Common effects of a bad hire,
such as reduced employeemorale and increased customerdissatisfaction, can be long-term.
• Hire someone who has thesame goals and work ethic asyour valued employees andmanagementpersonnel.
• Hirethebestpersonforthejob.Thepesticideapplicationindustryrequires people who are willingandabletolearn,whotaketheirresponsibilities seriously, whoworkeffectivelywith customers,and who know how to solveproblems.
• Determine if any of the jobcandidates have the skills toexceed core job functions.Technical know-how, foreignlanguage fluency, research experience,andpublicspeakingskills can add value to yourorganization.
• Hire a qualified individual who will work and interact well withothers.Oneoftheleastdesirablemanagerial responsibilities isdealing with an employee whois not a team player. Disruptiveemployees can turn otheremployeesagainst you; changefriends into enemies; drivetrained, trusted employees toseek employment elsewhere;and transform a good businessintoapoorone.
9
• Decide how to spend your
training dollars to transform the
newemployeeintoanasset.This
requiresanunderstandingofthe
knowledge, skills, and abilities
he brings to the job. Today’s
successful pesticide applicator
must be physically fit to work
underless-than-idealconditions,
bothindoorsandout.Inaddition
to meeting the job’s physical
demands, the employee must
beabletopassstateandfederal
certification examinations; will-
ing to use new technologies
andmethodologies;receptiveto
new ideas; capable of working
harmoniously with others; and
attentive to completing paper-
workproperlyandprofessionally.
It may take years for a person
to achieve the level of training,
education,andperformancethat
meetsyourexpectations.
• Retaingoodemployees.Initially,
a new hire must adjust to the
company’s everyday operating
procedures while focusing on
hisownposition; later,youmay
want him to learn more about
how the business runs and
how business decisions are
made. It may take years—and
thousands of dollars—to train
anemployeetothedesiredlevel
of proficiency. And employees
who leave take with them the
skills,education,andexperience
they have achieved within your
organization;theyalsomaytake
valuable informationabout your
business toanew jobwithone
of your competitors. Protect your
assets by making it appealing
forgoodemployees tostayon-
board.
• Make your company attractive
to job applicants. You probably
remember the good employee
who got away, or the one who
would have been a perfect fit
for the job but declined your
offer.Rememberthat,whileyou
are evaluating a candidate’s
qualifications, he is considering
whetherhereallywantstowork
foryourcompany.Itisimportantto
makeagood,honestimpression
throughout theentireevaluation
process to reflect the level of
professionalismyoumaintain.
• Comply with all laws applicable
to hiring employees. The hiring
process poses legal pitfalls if
conductedincorrectly.Themore
informal the process, the more
vulnerableyouaretoregulatory
investigation, charges of dis-
criminationandnegligenthiring,
andlawsuits.
There are many regulations that a business owner must deal with, including those pertaining to the hiring and termination of employees.
JohnKatterjohn
10
Managementmustbeawareofwhatcan—andcannot—besaidordoneduring the hiring process. Hiring is regulated by state and federal laws.Chargesallegingracial,gender,religious,orphysicaldisabilitydiscriminationareabundant,andmanycasesgotocourt.Thelawrequiresthatyourhiringprocessbeconsistent,well-organized,andfairtoeveryone.
The Steps to Hiring
The hiring process includesrecruiting, processing, eliminating,andselecting.Itcaninvolve
• posting a job advertisement inappropriateplaces;
• evaluating the information pro-videdoneachjobapplication;
• screening candidates to deter-minewhichonestointerview;
• verifyingreferencesandinforma-tion;
• conducting personal interviews;and
• decidingwhowillbeoffered thejob.
Thegoalistochoosethemostcompetentpersonforthepositionbyobtainingand carefully reviewing all relevant information. Consider implementing thestepsbeginningonpage11inmakingyourhiringdecisions.
JohnKatterjohn
Post job openings on your company bulletin boards as well as in public places.
11
Itisalmostimpossibletoselectthe
right person for a position without first
giving careful consideration to your
organization’s specific recruitment
needs. Do you require technical
skills?Communicationskills?Agood
job description provides a summary
of the tasks to be performed and
states specific position requirements.
Itservesmanydifferentfunctions:
• It aids in recruiting the right
applicants, whether it is used
as an internal posting or a
media advertisement. The job
descriptiongetsthewordout,not
onlythatyouarehiring,butthat
youarelookingforcertaintalents.
It lists minimum performance
expectations and is worded to
attracttherightpeople.
Step I. Create a Job Description
• It discouragesuninterestedand
unqualified individuals from ap-
plying, enabling you to limit the
applicationreviewandinterview
processestofewerpeople.
• It serves as a guideline for se-
lecting and interviewing candi-
datesandmakingyourdecision
onwhichonetohire.
• Itgivestheprospectiveemploy-
eeabasicunderstandingofwhat
will be expected of him if he is
hired.Thejobdescriptionshould
stateplainlyandsuccinctlywhat
you want the new employee
to accomplish. Once you hire
someone, you can use the job
description as an outline to
structuretraining.
• It serves as a benchmark forreviewing and measuring thesuccess and growth of anemployee. Review it with theemployee periodically and dis-cuss his performance of thedutieslisted.
• It informs other employees ofthe jobdutiesandrequirementsin case they are interested inapplyingfortheposition.Itshouldbe displayed in the area wherelegal requirements are posted,aswellasotherlocationswhereemployeeshaveeasyaccess.
• If the description clearly statesall jobdutiesand requirements,it may later serve as evidenceagainst grievances, wrongfultermination, lawsuits, or claimsofdiscriminationorretaliation.
MarkWade
Take the time and effort to develop an accurate, all-inclusive job description.
12
It takes time to write an effectivejob description, but defining the duties and skills pertinent to thepositionisessentialtothesuccessfulhiring process. Start by defining the characteristicsofthe“perfect”person
forthejob.Makealistofeducation,experience, and qualities you areseeking. Ask supervisors and otheremployees to contribute. Decidetogether what abilities, skills, andpersonality traits someone needs tobe proficient and personally satisfied intheposition.
Limit the job description to twopages or less, and keep it simpleand easy to understand. Omitjargon, even if it is common to thepesticide application industry. Usegender-neutral language. Describewhat knowledge, skills, and abilitiesare required of the applicant, andlisttheexactdutiesthejobincludes.Once you are finished, have the initial job description reviewed byyour human resources personnelandyourcompanyattorneytoassurethatitislegal.Wordingmakesallthedifference.
Write a Job Description
Purdue Extension publication EC-728, Developing Effective Job Descriptions for Small Businesses and Farms, is an excellent reference for writing job descriptions.
13
Treat the initial job descriptionas a draft.Ask employees who arecurrently performing similar jobs toreview it and make comments, thenincorporate their suggestions asappropriate.Haveahumanresourceprofessional or an attorney reviewthe final draft. If you don’t have such personnelonstaff,contactahumanresourceconsultant(seeTheSocietyfor Human Resource Management
Website,http://www.shrm.org)oraskyourpersonalattorneytoreferyoutoa legal advisor who specializes inthistypeofwork.
Organizingandwritinganeffective
jobdescriptiontakestimeandeffort.
Butbydoingathoroughjobyoucan
attract and hire the right person for
the position in the least amount of
time.
A well-designed employment ap-plicationformisacriticalmanagementtool.Itgeneratesadetailedoverviewof a candidate’s work history, skills,interests, and education; and it or-ganizes all applicants’ biographicaldatatofacilitatecomparison.
Youshouldbeabletoachievethefollowing goals from information ontheapplicationform.
Step II. Develop an Application for Employment• Protect the company against
liability by obtaining informationlegally.
• State certain human resourcepolicies.
• Collectconsistentandcomplete
informationrelevanttotheappli-
cant’saptitude forandability to
performthejob.
See Job Analysis, Appendix 1, for assistance in drafting a job description.
• Collectinformationrelatedtothe
applicant’spertinentprofessional
experience.
• Acquire permission from theapplicant to verify the informa-tionpresented.
• Identify any outstanding attri-butes or shortcomings thecandidatemayhave.
• Provide facts for those in charge ofhiring.
14
Youremploymentapplicationformshouldinstructapplicantstodescribethemselves and outline their skillsand related work experience. Butyou must word it so that they knownot to write “See resumé” underthe heading “Experience.” Specifythat you want a description of theirexperience,notsimplya list.Designyourformsothatapplicantswillhavetoprovideenoughinformationforyoutodeterminewhethertheyshouldbeinterviewed.
YoumayusethesampleApplica-tion for Employment (Appendix 2),that we provide, but it should bemodified to fit your specific needs. Specific segments on the sample may be used to update an employment
Sample Application for Employment
form that you already use. If youhave questions regarding the legali-ty of your application, contact anexperienced employment law attor-ney or consultant. And be sure tocheck federal, state, and local lawsregarding retention requirements foremploymentapplications.
MarkWade
Develop your employment application form to elicit the specific information you need to make sound hiring decisions.
15
Review the Employment Application to Locate the Best Candidate
Employmentapplicationsareoftenjust skimmed. But candidates whothoroughly complete their applica-tions deserve careful consideration:you owe them thoughtful attentionto the information they provide.Choosing applicants to inter-view isyour first hiring decision.
Consider these questions whenreviewingemploymentapplications:
• Has the applicant given youpermission to do a backgroundcheck and contact references?If not, consider rejecting theapplication.
• Is the person actually qualified for thejob?Compareinformationonthe application to requirementslistedinthejobdescription.
• Are theregaps in employment?You may ask about them—tactfully—but remember thatthey may be due to legitimatesituations such as family leaveor time off due to sickness ordisability.
• Didthepersonoffervalidreasonsforleavingapriorposition?
• Howlongdidtheemployeeworkforeachpreviousemployer?Fre-quentjobchangesmaybeared
flag if you are looking for a long-termemployee,buttheyarenotalwaysnegative;theymayresultfrompromotionorfromnewlyac-quiredtrainingoreducationthatqualified the person for a better job.
• Hasthepersonreceivedpromo-tions from previous employers?Previous internal promotions re-flect dependability, good job per-formance,andapositiveattitude,all of which speak positively fortheemployee’scharacter.
• What skills can the applicantbring toyourcompany?Feelingthat he can contribute helps anemployee start out on the rightfoot.
• Could the applicant improvehimself by working for yourcompany?Anemployee’sdesiretowork foryoucanmakeabigdifference.
16
Step III. Interview the Candidates
You have reviewed numerousresumés and job applications andselected the candidates you believecould best fit your needs. Now it is timetointerviewthem.
Types of Interviews
Telephone (Screening) InterviewsTrytelephoneinterviewstoscreen
jobapplicants.Thetelephone inter-viewisagoodwaytoassesswhetheranindividualisgenuinelyinterestedinthetypeofworkyouhaveavailable,or just something topay thebills. Italso is a quick and convenient way
to identify and eliminate applicantswho would have a difficult time meeting job requirements. Makingtheseassessmentsbyphoneismuchlesstimeconsumingthanpersonallyinterviewing each applicant; and byruling out unlikely candidates youcan devote more interview time to
JohnKatterjohnTheinterviewisanopportunityfor
you and a prospective employee tolearnmoreabouteachother;itallowsyoutogoover informationdisclosedon the application and to askquestionsandassesstheapplicant’spersonality, character, verbal skills,and ability to reason through toughquestions. The personal interviewallowsyoutogetafeelfortheperson,whichisimpossiblebysimplyreadinganemploymentapplication.
Allow plenty of time for the employment interview. The applicant has set aside this time for you, the same as you have for her; so don’t rush. Give the applicant your full attention during the time you have with her.
17
individuals who seem genuinelyinterested and qualified. Look for someone who seems committed togetting hired from the first moment of theinterview.
One-on-One Interviews
The one-on-one interview ismost frequently used for entry-level positions. It is less stressful tothe applicant than facing a groupof people, and in most cases it iseasierandmoreexpedient:youaskquestions,theapplicantresponds,andyoutakenotes.Aftertheinterview,goover yournotesandmakesureyourecordedtheinformationgainedfromyourconversationwiththeapplicant.Also, write down your generalimpressionsofwhatkindofemployeeyou think theapplicantwouldmake.
These thoughtsmayprovevaluablein deciding between two candidateswho seem equally qualified.
Panel (Team) Interviews
When you are the only person
interviewing a candidate it can be
difficult to assess all that is being
said, especially if you have little or
no experience in the position under
consideration. A panel interview
brings together key members of
your organization to participate in
the interview process. Consider
includingtheprospectiveemployee’s
immediate manager, the division
director, someone from human
resources, and perhaps a manager
fromanotherdepartment.
The First and Second Interview
A 30- to 45-minute interviewis sufficient for most entry-level
positions. This is enough time togeta feel forwhetherapersonwhoseemed qualified on paper is right for thejob.Askallcandidatesthesamequestionsandtakegoodnotes,whileinterviewing,tofacilitatecomparison.Factor each person’s responsesinto thevalueof theirskills, training,and education. If you have difficulty deciding between two candidates,invitethemforasecondinterview.
Technical and professional po-sitions may require a series ofinterviews. Use first interviews to narrow the field. Invite a few select candidates for a second visit and, ifnecessary,ask the twotopcontend-erstoreturnforathirdinterview.
MarkWade
The supervisor (right) conducts a portion of an employment interview in the workplace.
18
In an actual university interview,anapplicantwasaskedwhathiswifedid fora living.Heanswered,“Whatdoesmywifehavetodowithmeandthis job?”Whywouldtheinterviewerask such a question? Perhaps he innocently viewed it as small talkthatwouldputtheapplicantatease,or maybe he was wondering if thespouse’soccupationwouldaffectthecandidate’savailabilitytoworkcertainhours.Herearesomeexcerptsfrompage19,withcomments:
How old are you?
Why would you want to know an
applicant’s age? Perhaps you think
that older individuals are less fit,
mentally or physically, to perform
certaintasks.
Are you married?
Maybe you feel married peoplearemorestableandresponsiblethansingles.
Do you have children?
A common assumption is that awomanwithchildren is likely to takeoff work more often than a womanwithoutchildren.Oranemployermaywonder if awoman isseekinga jobwith medical benefits primarily so she canstartafamily.
How is your health?
It is commonly assumed thatsomeonewithahistoryofpoorhealthwillhavecontinualmedicalproblems.
“I’ll see you in court” Questions
The fear is that this would increaseabsenteeismandperhapscausethecompany insurer to raise employeehealthinsurancepremiumsoverall.
What do these and similarquestions have in common? Theyareusedtostereotypeaperson:oldvs. young,male vs. female,marriedvs. single, healthy vs. unhealthy,etc. Responses to such questionsoften identify the individual witha certain group—working moms,career women, insurance seekers,etc.—about which the interviewer
may have a strong opinion. These
typesofquestionscanbeconsidered
discriminatory,andyouraskingthem
could cause legal problems. Here’s
the rule: If the question is not job
related,don’taskit.
Specifically train all company
personnel involved in the interview-
ingprocessontheappropriatenessof
interviewing behavior and questions
that are off limits. Never ask pros-
pectiveemployees thequestionson
page 19 nor include them on your
employmentapplicationform.
ArleneBlessing
ArleneBlessing
ArleneBlessing
19
Questions Likely to Be Considered Discriminatory
What is your race? Where were you born?
How old are you? What is your date of birth? What is your religious affiliation? What is your national origin?
What is your primary language?
Are you an American citizen?
Do you have good credit? Are you married?
Do you plan to have children?
Do you have children?
What are the ages of your children?
What are your childcare arrangements?
What is your sexual orientation?
How tall are you?
How much do you weigh?
Are you a member of any organizations? (e.g., membership in AARP is indicative of age; ethnic organization membership might imply national origin)
What is your spouse’s name?
Does your spouse work?
What does your spouse do for a living?
How is your health?
Have you ever had a back injury?
Have you ever been hospitalized?
Do you have a disability?
Have you ever filed for medical disability?
How many days were you absent from your job last year?
Do you have any ongoing medical conditions?
What kind of name is ?
20
Interviewspersonalize the facts.Assoonaspossibleafter interviewingajobapplicant,askyourself,Whichcandidates
• exhibitedapresence?
• wereinteractiveduringtheirinterview?
• have significant experience relative to their technical skills?
• wereconsistentinansweringquestions?
• possessacceptablecommunicationskills?
• willbeabletoworkwellwithotheremployees?
• seem to be a good fit with the company?
The interview should focus on
whether a candidate is qualified
and would be able to perform the
functionsof the job.Ask candidates
howtheymightreactincertainwork-
relatedsituations.Listenandobserve
how they construct their thoughts
in response to your questions,
and evaluate their manners of
presentation. Getting to the heart
of their characters is difficult, as is
accuratelyjudgingtheirpotential.
Ask thought-provoking questionsand evaluate how applicants thinkwhen challenged. Leave yourquestions open-ended to allow theapplicant an opportunity to offerpersonal information. Open-endedquestions prompt responses thathighlight the applicant’s skills andpersonality.Listenattentivelyandaskfollow-up questions. Ask permissiontotakenotes,butdon’t letextensivenote taking distract you from theinterview.
A very good list of interview questions that cover work history, jobperformance,education,careergoals,self-assessment,motivation,creativity,leadership,etc.,canbefoundontheIndianaUniversityBloomingtonLibraries’Web site: http://www.indiana.edu/~libpers/interview.html. The questionson page 21 have been modified from an article appearing in the July 2004 issueofthenewsletterHRToday,publishedbytheCouncilonEducationinManagement,and from theUniversityofKansasathttp://www.ku.edu/cwis/units/coms2/via/conducting.html.Manyprofessionalsconsiderthesethebestquestionstoaskpotentialjobapplicants.
Challenging Questions that Reveal
21
Have you ever left an employer involuntarily? If so, what were the circumstances?
What is it specifically about our organization and this position that is attractive to you?
What made you happy or satisfied at your last job?
How does your experience of the last two years make you a suitable fit for this position?
If you were me, why would I hire you? Why do you want to work here?
What do you know about our company?
What did you like/dislike about your last job?
What would you like to be doing five years from now?
What are your biggest accomplishments?
Can you work under pressure? Tell me about a time when you had to meet a tough deadline.
Are you able to take direction/criticism well? Tell me about a time when your supervisor gave you feedback that surprised you. Tell me about yourself.
What is the most difficult work-related situation you have faced?
Tell me about a customer situation that you found challenging. How did you handle it? Were you pleased with the outcome?
Do you prefer working with others, or alone?
Have you had an opportunity to work on a team? What was your role? Was the team successful? Why or why not?
How would your former boss describe you, using just one sentence?
Step IV. Gather Data
Write down your opinions as you progress through the hiring process.Sometimesthetopcandidateonpaperislessimpressiveinperson.Considercertainpointsaftertheinterview,usingtheInterviewRatingForm(Appendix3),toevaluateyourimpressionsoftheindividual.
22
Prior distrust of management
Negativityinanyform
Expressionofillfeelingsaboutprioremployer,manager,company,etc.
Unreasonable inflexibility of any type
Out-of-reachexpectationsforthejob
Noncommittalattitude
Historyofjobjumping
Incompletereferences
Personal references only (no prior employment references)
Ambiguousresponses
Poor communication skills
Lying
Falsification of information on resumé or employment application
Emphasisonwages
Moreinterestinwhatemployercandoforemployeethanviceversa
Prior layoff without a strong reference (unless prior employer had a policy ofnotprovidingreferences),orwithoutprovidingadditionalinformationuponrequest
Failure to research thecompanybeforeapplying foremployment (indicatesapplicant’sassumptionthatemployerwillprovidetheinformation)
Disinterestdemonstratedduringcommunicationwithcompanyemployees
Displayofdisrespectforcompanyemployees
Excessivevoluntaryexpressionofpersonalinformation(mayindicatethattheapplicantwillbringpersonalissuestotheworkplace)
Red Flags within the Hiring Process
Bealerttoindicationsthatanapplicantmightnotberightforyourcompany.Thefollowingexpressionsandbehaviorsmightbecauseforconcern:
23
All candidates have filled out the samejobapplicationandhavebeenasked the same questions. In theprocess, you have selected the topcandidate and ranked the others.Now it is important to call the topcandidate’s references to confirm yourinterpretationsoftheinformationprovided. References can be theapplicant’s professional colleaguesorpersonalfriends.Butkeepinmindthat personal references typicallyare more familiar with the personsocially thanprofessionallyandmaynot have firsthand knowledge of his professionalskillsandexperience.
Some companies have policiesthat limit references to providingonly minimal information (e.g.,employmentdates, theperson’s titlewhile employed with the company,and perhaps salary). But it neverhurtstoaskadditionalquestions,justin case the person is willing to tellyou more (see Questions for Prior Employers,Appendix4).
Write down questions in advanceand ask the references a few basicquestions on the candidate’s pastwork experience, technical skills,personality traits, and work ethic.Takenotesasthereferencesrespond(see Reference Checks and Prior Employment Verification, Appendix5). Evaluate both what is said andwhat is not said, and maintain yournotes in the interview file.
Checking References and Background
What duties did this person perform for your firm?
Would you rehire this person? Why or why not?
How would you describe the person’s work ethic?
How thorough is the person?
Does this person pay attention to details?
Was the person punctual in reporting for work?
Did this person get along well with others?
Did the person take his job seriously?
Is there anything I have not asked that I should know about this person before offering him the job?
Drug Screens and Motor Vehicle Records
Drug screening and checking Bureau of Motor Vehicle records are keycomponentsofthehiringprocess.Theseareveryimportantifthejobinvolvesdriving. Most insurance companies conduct their own BMV checks onindividualsauthorizedtodriveyourcompanyvehicles.Ifthepositionrequiresdriving,makesure thecandidatehasagooddrivingrecordand isproperlylicensed.Ifacommercialdriverlicenseisrequired,stipulatethatthepersonacquire it prior to starting work if offered the job. Be cautious about hiringsomeonewhofailsadrugtestduringhispre-employmentphysical.
MarkWade
24
Candidates have been screenedand interviewed, and you havemadeyourselection.Youhavebeendiligentinchoosingyourtopprospect.Hopefully, this was accomplishedquickly because good prospectsdo not interview with you and wait;they submit applications to yourcompetitors while you are makingupyourmind.Thelongeryouwaittomake the offer, the more likely theywill find work elsewhere.
Once you have made yourchoice for the job, call theapplicantimmediately and make a verbaloffer. Answer any questions thepersonmight have, especially thoseconcerningcompensationandbene-fits. Often the applicant will give you an answer immediately; but,regardless,youshouldfollowupwitha formal,writtenoffersoonafter theconversation.
If the candidate asks for timeto consider your offer, agree on adeadline.Thisisimportantbecause,if
Step V. Make the Offer
with a disclaimer: The companycurrently offers the following benefits to eligible employees. These benefits are subject to change and/ortermination at the discretion of thecompany.
Manycompaniesincludeacopyofthejobdescriptionwiththeofferlettertoremindthecandidateofthejobre-quirements.Includeanemployment-at-will disclaimer (see page 33) sothe candidate can consider the jobspecifications in deciding whether to acceptyouroffer.
Place an acknowledgment line at thebottomof your offer, allowingthe individual to confirm acceptance of theofferbysigningand returning(or faxing) it. Maintain the signedacknowledgment in the individual’spersonnel file.
your first choice declines the position, youhavealreadylosttimeofferingittoyoursecondchoice.
Alloffersofemployment,includingthose made over the telephone,should be followed up in writing.Many companies use a standard,fill-in-the-blank form or letter. One of the key phrases in the job offergoes something like this: “This is toconfirm our offer of employment for thepositionof atasalaryof$ (hourly;weekly; biweekly; monthly).” Donot state an annual salary becausesomecourtshaveruledthatdoingsoimplies a one-year contract with theemployee.
Also, be careful about describingbenefit plans, making sure to introduce any summary of benefits
Make your selection quickly to avoid losing the best person for the job.
MarkWade
An employer shakes the hand of a new hire who has just accepted a position with his company.
25
Rejectionlettersshouldalwaysbesenttocandidateswhowereinterviewedeitheron the telephoneor inperson. Ithelpsportray thecompanyasa fairemployer; you want to maintain a good reputation and be respectful of allapplicants.Intheeventthattheprimarycandidateturnsdownyouroffer,orif new positions become available, you might want to reconsider qualified applicants not selected the first time.
Step VI. Notify Rejected Applicants
Thefollowingsentencesmightbeusedintherejectionletter,dependingonthesituation:
• Wewereimpressedwithyourcredentialsandworkexperience.(Donotsaythisunlessyouaresincere.)
• Wehaveofferedthepositiontoanindividualwhowefeelisbettersuitedtotheposition.
• Weappreciateyourinterestinourcompany.
• Weinviteyoutoapplyforpositionsthatmaybecomeavailablewithusinthefuture.
26
Applicantswhosubmitajobapplicationviae-mail,fax,orU.S.mailshould
be contacted in the same manner in which they applied. Explain that their
informationwasreceivedandthattheywillbecontactedonlyiftheyarechosen
foraninterview.Thiseliminatesyourhavingtosendarejectionletterifthey
arenotselected.
Most states are “employment-at-
will”states;thatis,eithertheemployer
or the employee may terminate the
employment relationship at any
time, forany reason,withorwithout
cause. If you designate a period
of time immediately after hiring for
determiningifthenewhireisrightfor
the job, use the term “introductory”
period, not “probationary” or “trial”
period.Thiseliminates the idea that
there isanofferofcontinuedand/or
permanentemployment.
Many companies stipulate a
30- to 90-day introductory period
for new employees; if things do not
workout, theemployermay release
the employee after the specified
time, without obligation. Sometimes
a seemingly qualified job applicant
cannot learn the job for one reason
or another. Sometimes work ethics
or personality conflicts become an
issue. Conversely, the introductory
period allows employees a graceful
exitiftheydonotliketheworkorfeel
uncomfortableonthejob.
A New Employee Performance
Review (Appendix 6) should be
completed at 30, 60, and 90 days,
andattermination.
Step VII. Define the Introductory Employment Period
Training films are instrumental in helping new employees learn the job during their introductory period of employment.
Performance review records should be kept with the employee’s personnel file.
CindyGerber
MarkWade
27
Manyhiringandemployeeretentionissueshaveevolvedfromlegalrulings,stateandfederalagencyregulations,andgoodbusinesspracticespromotedbyindustryassociationattorneysandhumanresourceconsultants.
Completing the Hiring Process
Document your entire hiringprocess: position description; jobposting; applications received andletters of acknowledgment; yournotes fromtelephoneconversations,personal interviews, and theselection process; rejection letters;joboffers;andanypaperworksignedby job applicants and the newly-hiredemployee.Maintainanongoing“hiring” file as well as individual personnel files.
Thesearesomeoftheadvantages
toretainingemploymentdocuments:
• Instant access to good candi-
dateswhowerenot chosen ini-
tially. You may want to review
their strengthsandweaknesses
as a replacement if your first
choice does not stay with the
company.
• Ready reference to qualified,
previous applicants who might
fit other positions within the
company. A person might not
be hired for one job but might
becomea leadingcandidate for
another.
Retention of Interview Files
• Viable alternative to readvertis-
ing.Goodinterviewrecordsfrom
previous employee searches
might save you the cost of ad-
vertisingemploymentopportuni-
tiesinthefuture.
• Documentation of grounds for
termination. Keeping interview
records allows you to take
action against those who lie on
their resumés or employment
applications. For example,
say a person falsifies her work
history or qualifications on the
applicationformandishired.But
onceshebeginsworkitbecomes
obviousthatshecannotperform
thejob.Youinformtheemployee
that she was hired because
her experience would enable
her to immediately assume the
responsibilities of the position.
Youraccuraterecords,including
the written application form,
are evidence of falsification.
Therefore, you could terminate
the employee and your liability
potentialwouldbeminimal.
• Documentationagainstclaimsof
discrimination. Recruitment and
interview recordscanbecritical
in defending against charges
of discrimination by a prior job
applicant or a current or prior
employee. Dated records that
state precisely why one person
washiredoveranothercanassist
legalcounselinyourdefense.
• Satisfaction of federal require-
mentsmandatingthatemployers
retainforaminimumofoneyear
all information regarding the fill-
ing of a position (29 CFR Part
1602.14). Additional require-
ments for employers subject to
federalcontractoroversightstate
that personnel records must be
keptoneyearfromthedateofin-
voluntarytermination. If theem-
ployer is charged with discrimi-
nation,therecordsmustbekept
until the charges are resolved
(longerinsomestates).
28
A key aspect of your hiring process filing system is to place every piece of information pertaining to each candidate in that person’s individual file: resumé,lettersofinterest,jobapplication,alistofinterviewquestionsasked,notesfromtheinterview,informationcollectedfromreferences,rejectionletter,joboffer,etc.Documentwhometwiththecandidate,aswellasthedatesandtimes. There are numerous options for organizing files.
Establishing a Filing System
Companies are legally requiredto maintain “sensitive” personnelfiles for materials personal to the employee but unrelated to theposition: medical records, medicalquestionnaires, accident reports,workman’s compensation claims,investment data, Social Securitynumbers, addresses, phone num-bers, and emergency contact in-formation. For example, under theAmericans with Disabilities Act,medicalrecordsmustbemaintainedin a separate confidential file. The file also might include training records,
taxforms,memoranda,performanceevaluations,disciplinaryreports,etc.
Most companies have policiesregulatingaccesstoemploymentandpersonnel files, but they differ from county to county and from state tostate.Normally, companiesallowanemployeetoseemost,ifnotall,ofthe
Employee and Personnel Files
documents in their own files. But you maywanttokeepcertaindocumentssuch as those developed in strictconfidence by another person—letters of recommendation, notestaken during the interview process,supervisory notes, etc.—separatefrom the file to which they have access.
MarkWade
CindyGerber
Traning records (left) and tax records (above) must be kept in a confidential file.
29
Filing by Individual
A popular choice is to maintaina separate file for each employee and job applicant. Reference theperson’s last name and first initial, the titleof theposition forwhich thepersonappliedorwashired,andthedate the position was filled. Each file can be cross-referenced with othercandidates’ files that list the same positiondescriptionandpostingdate.In thismanner,youcanpull recordson a specific position and determine who submitted applications besidesthepersonwhowasultimatelyhired.
Files organized by position title and the date the vacancy was filled contain information on all candidates, organized alphabetically by the candidates’names.Filingbyposition isespeciallyuseful if youdonothavehuman re-sources personnel to develop and maintain an individual filing system. Position filing makes information retrieval relatively easy, whether to accommodate an official investigation or to fill a vacancy.
Filing by Position
You have a duty to make sure certain employee information remains private and confidential in a secure, fireproof location. Controlled access should be limited to those with a legitimate reason to review the file. Designate one trusted employee as the contact for all requests for access to confidential employee information.
Most employers do not allow employees access to their personnel files except as required by law. Typically, individuals requesting permission to review their files may do so under proper supervision but may not copy, add, or removeinformationwithoutexpresswrittenpermissionfromanauthorizedcompanyrepresentative.
There is recruitment software available for tracking applications, usuallyoffering a database and electronic application formats that can be utilizedon your company Web site. These systems are beneficial when dealing with numerousapplicants.
MarkWade
30
Employers are required to verifyemployees’ identity and eligibility towork in theUnitedStatesbyhavingthemcompleteFormI-9,EmploymentEligibility Verification. Form I-9 can be downloadedfromtheU.S.Citizenshipand Immigration Services (USCIS),Department of Homeland Security,Web site: http://uscis.gov/graphics/formsfee/forms/i-9.htm. USCIS alsohas an easy-to-read informationalbulletin entitled “Handbook forEmployers” (M-274) that describestheI-9process;itcanbeviewedandprinted at http://uscis.gov/graphics/lawsregs/handbook/hnmanual.htm.
It takes approximately five minutes to complete Form I-9. Have theemployee complete Section 1 onthe first day of work. You may allow
Form I-9: Employment Eligibility Verification
There are some critical issuesassociatedwithFormI-9:
• Every employer must have a
currentI-9oneachemployee.
• Form I-9 should be completed
only after the individual has
accepted employment. Asking
all candidates to complete an
I-9 could lead to charges of
discrimination;therefore,stateon
yourapplicationthatemployment
is contingent upon verification of
employmenteligibility.
Form I-9 must be kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later.
the employee up to three workingdays to produce the requireddocuments. Once they are verified, complete Section 2, yourself,verifying that documents providedby the employee satisfy the identityand eligibility requirements from a
Critical Issues with Form I-9
• According to federal law,you and your staff may notadvise employees as to whichauthorizationdocumentstosub-mittosatisfytheI-9requirements.Sayanewemployeeaskswhatdocuments are needed, and amemberofyourstaffasksfortheemployee’s driver license andSocialSecuritycard.What ifhedoesnothaveoneortheother?Wouldyourstaffknowthatotherdocuments are acceptable?Provide the new employee a copy of the reverse side of
listingofacceptabledocuments;i.e.,
one document from List A, or one
documentfromListBalongwithone
documentfromListC.Acompletelist
ofacceptabledocumentsappearson
thebackofFormI-9.
MarkWade
31
Form I-9, which specifically lists the various documents that willsatisfytherequirements.
• Employers have the right tophotocopy the documents pro-videdbytheemployeetosatisfythe I-9, but USCIS does notspecify that you must. But beconsistent: copy everyone’s ornoone’s.
Ifyoudomakecopies,keepthemseparate from the completed forms.That way, if USCIS asks to see theemployee’s I-9 documentation, youwill not have to hand them the per-son’s complete file; if you do provide them the complete file, they are privilegedtolookatallcontents.
Some attorneys suggest thatyou not photocopy I-9 documentsbecause,whileyoumustinspectthemanddetermineiftheyaregenuine,you
arenotaforgeryexpert.Ifadocumentpresented by the employee looksreasonablyauthentic,youacceptit;ifnot,youasktheemployeetosubmitanother document from the list. Ifyoumakecopiesandyourcompanyis audited, the USCIS may use thecopies to assess validity—and tosecond-guessyourjudgment.
On the other hand, some attor-
neys strongly recommend that
you photocopy the I-9 verification
documents. Their rationale is that,
intheeventofaUSCISaudit, itwill
demonstrate your intent to work
withinthelegalsystem.
Maintain I-9 files separate from
personnel files. Upon notice to your
company,USCISinspectorshavethe
right to inspect I-9 documents and
accompanyingdocumentation.
TheSocialSecurityAdministration(SSA)isresponsibleforensuringthatSocialSecuritynumbersandnamesmatch. The process begins whenan employee completes InternalRevenue Service (IRS) Form W-2thatliststhenameofthepersonandtheirSocialSecuritynumber.Acopyof theW-2 issent fromIRStoSSA.IftheinformationprovidedontheW-2 does not match what is on file with SSA,theemployerissentawarningletter indicating a mismatch. How-ever, a mismatch does not meanthe employer should terminate theemployee.
SSA Warning Letters: When Names and Numbers Don’t Match
There are many reasons why
namesandnumbersmaynotmatch.
It might be because a number has
been transposed, or because a
hyphenhasbeenleftoutofaname.
Mismatches also can occur when
someone marries or divorces. But
while a mismatch simply may result
fromaharmlesserror,youshouldbe
concerneduntilthematterisresolved.
Youremployeemayhavecompleted
FormI-9illegallyandisnotauthorized
toworkintheUnitedStates.
Attorneys recommend that younotifyyouremployeeuponreceiptof
32
awarningletterstatingthatSSAhasindicated that his name and SocialSecuritynumberdonotmatch.Givetheemployeeacopyoftheletterandadvise him to correct the situationdirectly through SSA. Inform theemployee that youarenotifyinghimjust as you were notified by SSA, and stress that he must resolve thediscrepancy.
New Hire Reporting: Tracking Parents Who Owe Child Support
Sign and date the SSA letter,indicating that you have notified the employee, and have the employeesign it to document notification; place the signed letter in his personnelfile. Attorneys also recommend that you give employees a reasonableamountoftimetonotifyyouoncetheproblemisresolved,andtoreviewI-9documentation if theemployeeused
Federal and state governmentswork cooperatively to track themovementfromjobtojobofparentswho owe back payments for childsupport.Complete informationaboutthe Indiana New Hire ReportingCenter can be found at https://newhirereporting.com/in-newhire/default.asp. The site includes thereportingformthatemployersusetonotifytheIndianaNewHireReportingCenter.
Employersarerequiredtosubmitinformation on new hires within 20daysofthehiredate.Theterm“newhire” includes a first time hire as well as any former employee rehiredafterlayoff,anemployeereturningtowork following leavewithoutpay,oran employee rehired after previoustermination.You may send the newhire form by U.S. mail or fax, (317)612-3036or(800)408-1388,orusethe online registration form on theIndiana New Hire Reporting CenterWebsite.IfusingU.S.mail,sendtheformtothefollowingaddress:
Indiana New Hire Reporting CenterP.O. Box 55097Indianapolis, IN 46205-5097
You may report new hires electronically, by fax, or by U.S. mail. The Indiana New Hire Reporting Center Web site will guide you through the process.
a Social Security card to establisheligibility to work in the United
States.
33
“Employment-at-will” means that either the employer or theemployeemayterminatetheemploymentrelationshipatanytime,withorwithoutnotice,andwithorwithout cause.However, thisapparently straightforward employee/employer relationship maybe subject to and modified by other laws. When relying on the employment-at-willstatusofanemployee,youmustbecarefulnottodiscriminate,retaliate,orbreakacontract.
Child Labor Regulations: Restrictions on Jobs and Hours
Indianalawallowsbusinessestoemployminorsiftheyareatleast14yearsold.Ifyouhireaminoraged14–17,youmustsatisfymultiplerequirements:
• Secure, from school officials, an employment certificate (right) documenting that theminoriseligibleforemployment.
• Knowthenumberofhoursaminorisallowedtowork.
• Be aware of limitations on the kinds of workminorsmayperform.
• Post a child labor employment poster.
• Submit a termination notice (located on thelower third of the Employment Certificate) to the minor’sschoolupontermination.
Minors include students enrolled in public orprivate schools as well as those who are homeschooled. Employers can obtain specific information regarding laws pertaining to the employment ofminorsbygoingtotheIndianaChildLaborBureauWebsite:http://www.in.gov/labor/childlabor.
Employment-At-Will: No Notice, No Reason, No Cause
CindyGerber
34
Discrimination
Civilrightslawsprotectemployeesfrom discrimination based on race,age,gender,nationalorigin,disability,etc., in the hiring and terminationprocess.
Retaliation
An employer must not retaliateagainst employees for engaging inprotectedactivitiessuchas
• filing a workman’s compensation claim.
• asking for medical assistanceforinjuriessustainedonthejob.
• threatening or filing a lawsuit againstthecompany.
• becominga“whistle-blower.”
• missingworkduetojuryduty.
• refusingtoperjurethemselvesincourt.
• helpingformaunion.
• refusingtodohazardouswork.
Breaking a Contract
Some employment and unioncontracts,byrelyingontheemployee-at-will status, make terminationdifficult. For instance, some contracts contain progressive disciplinarypolicies that require employersto follow a series of steps prior totermination(e.g.,oralwarning,writtenwarning,suspension,termination),orrequirethatemployeesbeterminatedonly“forcause.”
or written. Often a union will initiate
unfair labor practice proceedings
with the National Labor Relations
Boardonbehalfof terminatedunion
employees,especially if it isalleged
that they were terminated for taking
part in union activities. There are
various time frames during which
legal actions must be filed.
Employees who believe theywere terminated unlawfully haverecourse despite their at-will status.For instance, they may file a wrongful termination suit if they believe theiremployer discriminated or retaliatedagainst them. Employees may file a breach-of-contractsuitiftheybelievetheir employer did not honor anemployment contract, either implied
35
Defending legal action is not
cheap. The cost of defending
against employee litigation claims
ranges from $20,000 to $200,000
per case. The average jury award
for wrongful termination based on
racial discrimination is $750,000;
age discrimination, $550,000; and
disability discrimination, $380,000.
Prevailing employees might also
recover attorney fees and back
pay, and they may be reinstated to
their former positions; in addition,
juries often require employers to
compensatetheemployeeforemo-
tional distress and to pay punitive
damages. Obviously, complying
with discrimination laws in an at-
will relationship goes a long way in
protectingyourcompany.
Youhaveheardaboutthesecasesorreadabouttheminthenewspaper:Anemployeekillsanotheremployee,a service technician assaultsa customer, a coworker makessexually explicit comments, or anintoxicated employee causes anaccident that claims innocent lives.While these situations may notappear to spell legal problems forthe employer—because, after all, itwas the employee who committedthecrime—thecourtssayotherwise.In some states, statutes provide
Negligent Hiring and Retention: You Should Have Known
for lawsuits against employers fornegligenceinthehiringorretentionofthese employees. Plaintiffs contend that, had the employers researchedtheseemployees’criminalanddrivingrecords and contacted professionalreferencesandprioremployers,theywouldhaverecognizedtherisks.
Courts have generally held thatemployers are obligated not to hireemployees with abusive, combative,belligerent, or violent tendencies.Those who file negligent hiring suits (i.e., those who are injured by anemployee) allege that the employerfailed to meet his obligation to duecare.Thesetypesofcasescanoccurunderavarietyofscenarios.
I knew, but I hired him anyway
This scenario occurs when anemployer hires someone, knowingthereissomethingintheemployee’spast that could threaten the currentworkforce—for instance, the indi-vidualhasbeendisciplinedforsexualharassment.Theemployerwasawareof the incident but hired the person
An employer checks a prospective employee’s criminal record and driving history.
MarkWade
36
anyway, thinking that the employeehad learned his lesson. One day atwork, the employee gropes a co-worker. The coworker may havegrounds against the employer forknowinglyhiringanemployeethatheknewhadapropensitytoharass.
I did not know, nor did I check
This is a case where negativeinformation on an employee (e.g.,a criminal conviction) was readilyavailable, but the employer failedto make the necessary inquiry. Forinstance,acustomerwhoisassault-edbyyourtechnicianmayhavevalidgrounds foranegligenthiringactionif you knew or should have knownabout the person’s prior assaultconviction. If you are in charge ofhiring, always conduct thoroughbackgroundchecks.
I checked, but I did not know
The employer unknowingly hireda person with a problem past. Theemployer had checked all sourcesregarding the employee’s back-ground but, despite his diligence,nothing of significance was revealed. In this situation, the employer mayhave a valid defense against anegligent hiring or retention action.That is, theemployerdideverythingwithin reason to identify a problem
beforedecidingtohiretheperson.
I knew what the employee wasdoing, but I failed to act
Ifanemployeecommitsanoffenserepeatedly and the employer doesnothingabout it, thevictim—afellowemployer or a customer—may bejustified in holding the employer
responsible.
Asanemployer,youareobligedtoassurethatemployeesdonothaveahistoryof
drunkdriving,abusiveorviolentbehavior,oroffensiveconductsuchasharassment.If
youfailtoconductthoroughbackgroundchecksbeforehiring,youcouldbeliablefor
youremployees’actionsonthejob.
Thereisnoplacefornegligenceinhiring.Certainlyyouwanttoavoidlitigation,but
asanemployeryoualsomustberesponsibletootheremployees,customers,andthe
communityindecidingwhichpersontohire.Alwayscheckreferences.Ifareference
hesitatesor refuses toansweraquestion, theremaybeaproblem.Beprepared to
pushfortheanswer.
Runcriminalbackgroundchecksandinvestigatethecandidates’drivinghistories.
Askpermissiontodoadrugtest;ifapersonrefuses,theremightbeareason.Keep
goodrecordsoneverystepyoutaketodetermineanapplicant’ssuitabilityforthejob.
Evidenceofyourdiligence inseeking informationonprospectiveemployeeswill be
valuableifyouarelaterfacedwithanegligenthiringorretentionlawsuit.
37
Privacy is a major issue working its way through the courts. Doemployeeshavearighttoprivacyatwork? Do employers have the rightto view e-mails sent and receivedbyemployeesandtocheckoutwhatWebsites theyarevisiting?Are thecontentsofanemployee’sdeskandfiling cabinet off-limits to employers?
Generally speaking, employersmay monitor their employees’ e-mail and Internet usage. However,employeesshouldbemadeawaresotheywillnotassumeprivacyintheseareas. Most employers enforce andreinforceinternalpoliciesaddressing
Employees’ Right to Privacy
employees’ right to privacy in theworkplace. For example, you mayhave a policy on personal use ofcompanyequipmentandtechnology.Companypolicyagainstpersonaluseofthetelephones,voicemail,e-mail,and the Internet makes privacy alesserissue.
Employeesearchandsurveillance
alsocanbecomeanissue.TheU.S.
ChamberofCommerceestimatesthat
U.S. businesses lose approximately
$40 billion per year from employee
theft. To fight this trend, the courts
have allowed random searches of
lockers,desks,suitcases,toolboxes,
work areas, etc., with justification and
advanced notice. Employees should
have no reasonable expectation of
privacy in areas where work is the
primary function and where rules
described under company policy or
in the company manual state that
inspectionscanandwilloccur.
Employersmayusephotographic
and video surveillance equipment
to monitor employees and visitors
to company facilities. But you must
have a compelling business reason
tomonitoremployeesandmustnoti-
fy them in advance that electronic
monitoring may occur. Employees
may sue for invasion of privacy, but
theymustbeabletoshowthat their
reasonable expectation of privacy
outweighs the company’s justifica-
tionofsurveillance.
Clearly state your policy regarding personal use of company computers. Make sure all employees know the rule and fully understand the consequences of misuse.
ArleneBlessing
38
Non-compete provisions in em-ployment contracts are used toprotect a company’s future interestsby defining what employees may and may not do after leaving thecompany. The rationale is to keepformer employees from revealingproprietary and confidential infor-mation to competitors. Most com-paniestailornon-competeprovisionsto specific positions.
Non-Disclosure ClauseThis clause prevents former
employees from sharing confidential information with anyone outside thecompany. Examples of confidential information include price lists,business and marketing plans,marketing strategies, employee payrates,andcustomerlists.
Non-Compete Provisions: Restricting Employees’ Right to Work
Non-Solicitation Clause
This clause prevents formeremployees from soliciting thecompany’sclientstofollowthemtoanewemployer.
Non-Interference Clause
This clause prevents formeremployees from trying to recruittheir formercoworkers to leavetheirpositions with your company to joina new company or a competitor; itisalsoknownas“Non-SolicitationofCurrentEmployees.”
Non-Compete Clause
This clause prohibits formeremployeesfromcompetingwithyourcompany for a specific period of time withinageographicareayouserve.Italsomaybanformeremployeesfrom
Legality of Non-Compete Provisions
Non-compete agreements are
aimed at preventing former employ-
ees from taking your company’s
valuable and confidential information
(businessplans,customerlists,price
lists) to your competitors. However,
courtsviewthemcautiouslybecause
they may limit a person’s ability to
makealiving.
Instateswherevalidnon-competeagreements are enforceable, theagreement must be valid for areasonable duration and must state
employment with your competitors.
Some states do not allow non-
competeclauses;othersthatdoallow
themstipulatethewordingthatmust
beused.
Non-Disparagement Clause
This clause restricts former em-
ployees from spreading negative
informationthatcouldbedetrimental
toyourcompany.
reasonable limitations. Prohibiting
someone from competing with you
indefinitely is not reasonable. Non-
competeagreements for technicians
generally are invalid because
technicians normally are not privy
to vital company information. The
primary purpose of non-compete
agreements should not be to keep
employees from leaving your
company nor to block competition;
rather,theyshouldbeusedtoprotect
legitimate proprietary or confidential
businessinterests.
39
Many hiring and employee retention issues have evolved from legal
opinions rendered by the courts, regulations written by state and federal
agencies, and good business practices promoted by attorneys and human
resource consultants. Finding the best person to hire takes considerable
timeandeffort.Screeningcandidates,diggingthroughmultipleresumésand
employmentapplications,listeningintentlytowhatcandidateshavetosay—
andwhattheydon’tsay—anddecidingwhichpersontohireistime-consuming
andchallenging.Butconsideritaninvestmentinyourcompany’sfuture.
Conclusion
Your hiring decisions form the basis for how others view you and your
business.Youremployeesrepresentyoutocustomers,peers,andcoworkers;
andtheymaysomedaybecomeleadersinyourcompany,sochoosewisely.
There are numerous reasons why you might neglect to develop a welldefined hiring process:
• “Weareasmallcompany.”
• “Ineedsomeonenow.”
• “Noneedtolookfurther.Wehavefoundthebestperson.”
• “Iknowthisperson.”
40
TheauthorsthankStephenAdduciforhisillustrationsandthefollowingindividualsfortheirtimeandexpertiseinreviewingthispublication:
Ifyourcompanyissmall,youprobablywearmanyhats.Buta littlemoretimedevotedtorecruiting,selecting,andhiringcouldsaveyouawholelotoftimelateron.
Somebodyoncesaid,“Thereisnevertimetodoitright,butthereisalwaystimetodoitover.”Historyteachesusthattakingthetimetohiretherightpersongoesalongwayinpreventingtheextratime,effort,andanguishinvolvedindealing with “fixing” or replacing a poor hire.
Regrettable situationsoften stem fromhiring thewrongperson: reducedemployee morale, rude or inappropriate behavior, lost customers andopportunities, wasted time and dollars in training and development, orincreasedsupervisoryexpense.Hiringtherightpersoncanhelppreventlegalactionsagainstthecompany.
Strive forexcellence in recruitingandhiring,andexcellencewillcometoyou.Timeinvestedinmaximizingemployeerecruitmentandretentionistimegained for employee development and profit maximization. It’s that simple!
Acknowledgments
LindaRucks,SoutheasternAerialCropService,Inc.
EmmettRussell,KSWB
JoAnne Sandifur, Purdue University
ElizabethShaffer,JFNew
CarrieDoveStorer,DowAgroSciences
JoesphvonWahlde,JFNew
TraceyWeatherwax,JFNew
MarkWester,WesterCitrusCaretaking
Tonya Byrd, Purdue University
JenniferLemler,JFNew
KathleenMartin,JFNew
KimberliMock,ElectronicCommerce,Inc.
ScottNamestnik,JFNew
Pamela Nesbitt, Purdue University
MichaelNicholas,1stSourceBank
DeborahOttsen,CroweChizekandCompany,LLC
Angie Robinson, The Eastridge Group of Staffing Companies
41
Appendixes
APPENDIx 1,JobAnalysis.................................................................................................................. 43
APPENDIx 2,ApplicationforEmployment.......................................................................................... 49
APPENDIx 3,InterviewRatingForm................................................................................................... 59
APPENDIx 4, Questions for Prior Employers ...................................................................................... 61
APPENDIx 5, Reference Checks and Prior Employment Verification ................................................. 63
APPENDIx 6, New Employee Performance Review ........................................................................... 65
43
JobAnalysis
Your Company Name
MainOfficeStreetAddress
City,State,ZIP
Positiontitle:
Department:
Joblocation(address):
Immediatesupervisor:
Datethepositionwillbeavailable:
o Exempt (not eligible for overtime) q Nonexempt (eligible for overtime)
o Full-time Positiondescription o Part-time preparedby o Seasonal Effectivedate: o Other Positiondescription revised by Effectivedateofrevision:
SAMPLEAPPENDIx 1
(continued)
44
I. Jobsummary
Explainwhatkindofworkthepositionincludes.Limityoursummarytothreesentences.
II. Essentialfunctions
A. Choosethreetofiveessentialjobfunctions—worktheemployeewillbeexpectedtoperform—anddescribethemainactivitiesandresponsibilitieswithineach:whatistobedone,howitistobedone,andwhyitistobedone.Alsostatethepercentageofjobtimethatwillbedevotedtoeachfunction.
Describesixtoeightdutiesundereachfunction,statingthemethods,procedures,andtechniquesrequiredtoperformthem.Begineachsentencewithanactionverb,andkeepsentencesshortandtothepoint.
1.
2.
(continued)
46
C. Stateperformancerequirementssuchaspunctuality,dependability,andtheabilitytowork well with others in a team environment.
III. Physicaldemandsoftheessentialfunctions
A. Isheavyliftingrequired? rYes rNo
Explain:
B. Isworkingindoorsinvolved? rYesrNo Outdoors? rYesrNo Both? rYesrNo Willtheemployeehavetoworkinclosespaces? rYes rNo
Explain:
C. Istheresignificantwalkinginvolved? rYesrNo Driving? rYesrNo Standing,sitting,orkneelingforlongperiodsoftime? rYesrNo
Explain:
IV. Workingconditions
Doesthepositionrequireeveningorweekendwork? rYes rNo Same-day(beyondeighthours)travel? rYesrNo Overnighttravel? rYesrNo Explain:
(continued)
47
Willtheemployeehavetodealwithcustomersone-on-one? rYesrNo
Explain:
Willtheemployeehavetomakepresentationstogroups? rYesrNo
Explain:
V. Equipmentrequiredforthejob
Listequipmenttheemployeewillberequiredtooperate.Describetrainingontheuseofindustry-specificequipment.
VI. JobQualifications
A. Listqualificationsthatarerequired,thenthosepreferred.Forexample,youmightrequireadriverlicenseandoneyear’srelatedworkexperience;butyoumightpreferacommercialdriverlicense,twoyears’experience,familiaritywithpertinentequipment,andpesticideapplicatorcertification.
Required:
Preferred:
(continued)
48
B. Providethejobtitle(notthename)ofthepersonwhowillsupervisetheemployee,andindicatethelevelofsupervisiontheemployeewillreceive.
C. Describethelevelofsupervisiontheemployeewillberesponsibleforprovidingother employees.
End
49
NOTICEtoapplicantsapplyingforpositionsthatinvolvedrivingacompanyvehicle:
If you have been convicted of driving under theinfluenceofalcoholordrugs,youmaybedisqualifiedfromemploymentduetoinsuranceconstraints.
APPLICATION FOR EMPLOYMENT
[your company name]A Drug and Alcohol Free Workplace
An Equal Opportunity Employer
A Violence Free Workplace
Equal access to programs and services is available to all applicants. If you need assistance in completing this form, or if you require reasonable accommodations during the employment interview process, please notify the company manager or a representative of the human resources department.
~ PLEASE PRINT ALL INFORMATION ~
Name
Name you go by
Mailing address
Telephonenumberwhere Alternativeyouprefertobereached telephone number
Fax number E-mail address
Applicationisforthefollowingposition(s):
Thecompany’sreceiptofthisapplicationdoesnotconstituteajoboffer,nordoesitimplythatapositionisavailable.Thisapplicationwillremainactiveandonfileunlesstheapplicantaskstohaveitwithdrawn.
First Middle Last
StreetorP.O.Box
City,State,ZIP
FOROFFICEUSEONLY
Date submitted
Date reviewed
Reviewed by
APPENDIx 2
(continued)
50
WorkAvailability
Wereyoureferredtous? rYesrNo Ifyes,bywhom?
Haveyoueverappliedforajobwiththiscompany? rYesrNo
Answeronlyifthejobforwhichyouareapplyingrequiresadriverlicense:
Has any court of law or any government agency suspended, revoked, ormodifiedyourdriverlicenseinthelastfiveyears? rYes rNo
Areyoucurrentlysubjecttoanon-competeclause? rYes rNo
Ifyes,pleaseexplainthenatureoftheagreement:
Dateyoucouldbeginworkingifofferedajob:
Areyouunder18yearsold? rYes rNo
Areyoucurrentlyonlayoffstatus? rYes rNoIfyes,areyousubjecttorecall? rYes rNo
Areyouwillingtotravelifrequiredforthejob? rYes rNo
Areyouabletocompletetheessentialfunctionsofthepositionwithoutspecialaccommodations? rYes rNoIfno,whataccommodationsareneeded?
Days you would be availabletowork:
rMonday
rTuesday
rWednesday
rThursday
rFriday
rSaturday
rSunday
Checktheworkingarrangementsyouwouldaccept:
rFull-time rOn-call
rPart-time rSeasonal
rWeekends only rOther(specify)
(continued)
51
References
Listthreeemploymentreferencesnotrelatedtoyou:
Person’s Company Business Fax Years FullName Name PhoneNumber Number Known
PersonalInformation
SocialSecurityNumber: – –
YourSocialSecuritynumberwillfacilitateourrecordkeepingandminimizeerrorsinreferencetootherrecordsthat
areaccessiblebySocialSecuritynumber.YouhavearighttorefusetoprovideyourSocialSecuritynumber,without
penalty,ortorequestthatitberemoved.NOTE:Someemploymentapplications,suchasthosesubjecttoDepartment
ofTransportationregulations,mayrequireyourdateofbirthandSocialSecuritynumber.
Haveyoueverbeenconvictedofafelony(includecourt-martialconvictionsbutexcludeminortrafficviolations)?
rYes rNo
Ifyes,listthedate,charge,place,court,andactiontaken.Apriorconvictiondoesnotnecessarilyexcludeyoufrom
considerationforemployment,butthetypeofconvictionandwhenitoccurredareimportantconsiderations:
Haveyoupleadguiltytoorbeenconvictedofanytraffic-relatedoffenseswithinthepastfiveyears?
rYes rNo
(continued)
52
EducationHistory
Circlehighestyearcompleted: Undergraduate College, Grammar/HighSchool TradeSchool,BusinessSchool 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5
GraduateSchool Other(specify):
1 2 3 4 5
Degree Major GradePointNameandLocation Received (ormajorcourses) Average
HighSchool
Business,Trade,Correspondence
CollegeorUniversity
CollegeorUniversity
CollegeorUniversity
Ifyoudidnotgraduatefromhighschool,doyouhaveaGED? rYes rNo
Howmanyhoursperweekdidyouworkwhileinschool? HighSchool College
Listhonorsreceivedandofficesheld:
(continued)
53
WorkExperience
Company Name Employment Date
Job Title From /
StreetorP.O.Box To /
City rFull-Time rPart-Time
State,ZIP Hours/Week
Supervisor’sName Salary:$ per
Maywecontact? rYes rNo Telephone Number
BriefJobDescription/Responsibilities
Leftvoluntarily? rYes rNo LaidOff? rYes rNo Terminated? rYes rNo
Company Name Employment Date
Job Title From /
StreetorP.O.Box To /
City rFull-Time rPart-Time
State,ZIP Hours/Week
Supervisor’sName Salary:$ per
Maywecontact? rYes rNo Telephone Number
BriefJobDescription/Responsibilities
Leftvoluntarily? rYes rNo Laidoff? rYes rNo Terminated? rYes rNo
(continued)
rSeasonal
rSeasonal
(Month/Year)
(Month/Year)
54
ForeignLanguages
Listthelanguagesyouknowandputacheckmarkbeneaththecolumnheadingsthatapply:
Foreign Speak Knowledge Language Fluently Read Write of
SupervisorySkills
Haveyousupervisedotheremployees? rYes rNo Ifyes,when?
Describesupervisoryexperience:
ComputerSkills ProficiencyLevel
Hardware/SoftwareYouKnowHowtoUse Beginner Intermediate Advanced
Howmanywordsperminutecanyoutypeonacomputerkeyboard? WPM
DrivingInformation
Doyouhaveavaliddriverlicense? rYes rNo Doyouhavea validCDL? rYes rNo
DriverLicenseNumber CDLNumber
Listallstatesthathaveissued youadriverlicenseinthepast:
(continued)
55
ConditionsofEmployment
Readeachitemcarefullybeforeanswering.Ifyouhavequestions,pleaseaskforassistance.
IntroductoryPeriod
Ifyouarehired,youwillservea90-dayintroductoryperiod.Duringthe90days,everyaspectofyourworkwill
beevaluatedand,ifourstandardsarenotmet,youwillbeterminated.Completionofthe90-dayIntroductory
Periodisnoguaranteeofcontinuedemployment.
PermissiontoCheckReferences
Doyouauthorize(nameofcompany)tocontact Do you authorize your present and/or previous employer(s)
yourpresentand/orpreviousemployer(s) to provide information to (name of company) through the
throughperson(s)youhavelistedasreferences? person(s)youhavelistedasreferences?
Presentemployer(s)? rYes rNo Present employer(s)? rYes rNo
Previous employer(s)? rYes rNo Previous employer(s)? rYes rNo
PermissiontoVerifyInformation
Doyouauthorize(nameofcompany)toverifyinformationprovidedonyouremploymentapplicationrelevantto
youreducation,publicrecordsofcriminalconvictions,andBureauofMotorVehiclerecords? rYes rNo
PhysicalExamination
Doyouunderstandthatoffersofemploymentforcertainpositionswithin(nameofcompany)arecontingentupon
thesuccessfulcompletionofamedicalexaminationbyaphysiciandesignatedby(nameofcompany)atasitealso
designatedbythecompany? rYes rNo
DrugandAlcoholScreening
Doyouunderstand thatyoumaybe required tosubmit toapre-employment test fordrugsand/oralcoholas
permittedbylaw? rYes rNo
(continued)
56
FormI-9,EmploymentEligibilityVerification
CanyouprovideproofofeligibilitytoworkintheUnitedStates? r Yes r No
WorkRequirements
Do you understand that, if hired, you may be
• requiredtoworkovertime? r Yes r No
• requiredtoworkweekends? r Yes r No
• subjecttootherconditionsofemploymentsuchascompanyrulesandpolicies? r Yes r No
StateandFederalCertification
Do you understand that, if hired, your jobmay require that you pass certain pesticide applicator certification
examinations,tradeassociationcertificationrequirements,and/orthecommercialdriverlicensetest,andthatfailure
todosomayresultinterminationortransfer?
rYes rNo
Discrimination
Doyouunderstandthat(nameofcompany)willnottolerateunlawfuldiscriminationorharassmentandthatyou
haveadutytoreportanysuchactivitytothecompany?
rYes rNo
Doyouunderstand thatunlawfuldiscriminationorharassmentonyourpart towardothersmaybegrounds for
termination?
rYes rNo
(continued)
57
Employment-At-Will
Indiana is an “employment-at-will” state. This means that an employee may leave employment at any time, with or
withoutcause,andwithorwithoutnotice;further,itmeansthat(nameofcompany)hasthesamerighttoterminate
anemployeeatanytime,withorwithoutcause,andwithorwithoutnotice.Doyouunderstandthisdefinitionofan
“employment-at-will”state? rYes rNo
FalseStatement
Doyouunderstandthatfalsificationofthisapplicationorfailuretoprovideinformationrequestedmaybecausefor
yourdenialoforterminationofemploymentwith(nameofcompany)? rYes rNo
ConfirmationofInformationProvided
Do you understand that, by signing below, you are declaring all information provided on this application for
employmenttobetruetothebestofyourknowledge? rYes rNo
Printed Name
Signature
Date
End
59
InterviewRatingForm
Excellent Average Poor
Howwelldoestheinformationyouwereabletoconfirm
reflecttheinformationgivenbythejobcandidateonthe
applicationform? ................................................................... r r r
Howwelldotheapplicant’sgeneralqualificationsmatch
thosenecessarytoperformthework?.................................... r r r
Howdoyouratetheperson’sskillspertinenttothejob?...... r r r
Howdoyoufeelaboutthispersonworkingforyou?............ r r r
Howdoyouratethecandidate’sabilitytocommunicate
conceptsandideas?................................................................ r r r
What is the likelihood that this person will work well
withyourpresentstaff?.......................................................... r r r
What is your level of optimism as to whether or not this
personwillworkwellindependently? ................................... r r r
Howdoyoufeelabouttheapplicant’spotentialto
dealpositivelywithyourcustomers? .................................... r r r
APPENDIx 3
End
61
APPENDIx 4
(continued)
QuestionsforPriorEmployers
Important:Do not call the applicant’s current employer without verified consent, even if listed as areference.
An“X”representsthenameofthejobapplicantanywhereitappearsonthisdocument.
• HowlonghaveyouknownX?
• HowwouldyoudescribeyourprofessionalrelationshipwithX?
• WhenwasXhiredbyyourcompany?
• WhydidXleaveyourcompany?
• WasX’sdeparturevoluntary?
• Whatposition(s)didXholdwithyourcompany?
• WhatwereX’sdutiesandresponsibilities?
• DidXreceivefavorableperformanceevaluations?
• WasXaresponsibleandtrustworthyemployee?
• HowwouldyoudescribeX’sworkethic?
• DidXinteractpositivelywithotheremployees?
• HowwouldyoudescribeX’sjobperformancecomparedtothatofotherswhodothesamework?
• BasedonyourknowledgeofX’sskillsandqualifications,doyoubelieveXwouldperformeffectively in this(nameof)position?
• PleasedescribeX’sbestattributes
• PleasecommentonX’s
- writtenandoralcommunicationskills.
- reliability.
- dependability.
- ability to assume responsibility.
- potentialforadvancement.
- degree of supervision needed.
- overall attitude.
- ability to work with management.
- ability to get along with peers.
- unfavorablequalities.
62End
• HasXeverbeenconvictedofacrime,asfarasyouknow?
• HasXevershownanyviolenttendencies?
• WasXeverdisciplinedforharassmentordiscriminationwhileunderyouremployment?
• WasXeverreportedordisciplinedforcarelessdriving?
• WasXeverinvolvedinanaccidentwhiledrivingacompanyvehicle?
• WouldyourehireX?Pleaseexplain.
• Isthereanythingyouwouldliketoadd?
63
ReferenceChecksandPriorEmploymentVerification
CandidateInformation
Nameofcandidate
Position Date ofapplied for interview
Person who interviewedtheapplicant(nameandtitle)
Basicbackgroundinformationontheapplicant
ContactInformation
Company City,State
Company phone
Personalcontact’sname and title Contact’sBusiness phone Home Cell
SummaryofInformationReceived
APPENDIx 5
End
65
NewEmployeePerformanceReview
NotetoEmployee:Yourcommentsarewelcomedandencouraged. Pleaserequestaseparatesheetofpaper.
1 = Outstanding2=AboveStandard3=Standard4=BelowStandard5=Unacceptable
Rating
30Days 60Days 90Days
Job knowledge ..................................................
Quality of work ................................................
Quantity of work ..............................................
Teamwork .........................................................
Publiccontact ...................................................
Supervisionrequired ........................................
Communication ................................................
Adherencetocompanyprocedures ..................
Workattendance ...............................................
Punctuality........................................................
Personalappearance .........................................
Comments
30Days:
60Days:
90Days:
Employee’sSignature Date
Supervisor’sSignature Date
End
APPENDIx 6
Thecontent of this publication is for educational purposes only.Theauthors’ view has not been approved by
any governmental agency or business. The publication is distributed with the understanding that the authors
are not engaged in rendering legal or other professional advice, and that the information contained herein
should not be regarded or relied upon as a substitute for professional or legal consultation.The use of infor-
mationcontainedherein,byanyperson,constitutesanagreement tohold theauthorsharmless forany liabil-
ity,claims,damages,orexpenses incurredasa resultof reference toor relianceon the informationprovided.
It is the policy of the Purdue University Cooperative Extension Service, David C. Petritz, Director, that all persons shall have equal opportunity and access to the programs and facilities
without regard to race, color, sex, religion, national origin, age, marital status, parental status, sexual orientation, or disability. Purdue University is an Affirmative Action employer. This
material may be available in alternative formats.
1-888-EXT-INFO
http://www.ces.purdue.edu/new
New 09/05
PURDUE AGRICULTURE
PPP-69