Hiring Best Practices and Legal Pitfalls · Recruiting, hiring, and integrating new employees has...
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Hiring Best Practices and Legal Pitfalls DPLE 281 October 5, 2016
Transcript of Hiring Best Practices and Legal Pitfalls · Recruiting, hiring, and integrating new employees has...
Hiring Best Practices and
Legal Pitfalls
DPLE 281
October 5, 2016
RLI Design Professionals is a Registered Provider with
The American Institute of Architects Continuing Education Systems.
Credit earned on completion of this program will be reported to
CES Records for AIA members. Certificates of Completion
for non-AIA members are available on request.
This program is registered with the AIA/CES for continuing professional education.
As such, it does not include content that may be deemed or
construed to be an approval or endorsement by the AIA of any material
of construction or any method or manner of handling, using,
distributing, or dealing in any material or product. Questions
related to specific materials, methods, and services will be
addressed at the conclusion of this presentation.
Copyright Materials
This presentation is protected by US and International
Copyright laws. Reproduction, distribution, display and
use of the presentation without written permission
of the speakers is prohibited.
© RLI Design Professionals
Course Description
Recruiting, hiring, and integrating new employees has always presented challenges and risks.
With over 2,000 employment related claims filed on an average workday, implementing carefully considered hiring, integration, and termination policies is an important risk management strategy for your business.
Learning Objectives
Participants in this session will:
�Evaluate the elements of the hiring process and the associated risks
�Understand the role and challenges of using social media in the hiring process
�Consider when a trial or probationary period may be appropriate
�Review appropriate steps to take in terminating an employee to help avoid claims
Guest Presenter
Courtney RansomAVP Organizational Development
Elements of the Hiring Process
& Associated Risks
Sourcing Candidates
Candidate Search
Online Job Board
3rd Party Recruiter
Employee Referral
Internal Posting
Passive Recruiting
LinkedIn “Mining”
Application – What to Ask?
Don’t
Age, DOB, Gender, Race, Religion,
OriginPhysical Traits
Medical Conditions or Disabilities
Arrests and/or Criminal
Convictions
Credit History or Garnishment
Citizenship, Smoking/Drug Use, Union Membership
Do
NameCurrent/Past
AddressContact Info
Past Position & Reason for
LeavingPast Salary
Education (if required)
Hiring Source
Position, Desired Salary,
Availability, References
Interviewing
Craft Job Description
Review Applications
Interview Questions
• Tied to Description
• Consistent
• Behavioral
Interviewing Risks
Writing on resume
Making promises
Protected categories
Candidate Selection
Golden
Rule
Protected Categories
Internal Postings
Every employment decision is based on legitimate business-related concerns
Candidate Selection
Race Color Religion
GenderNational
OriginAge
Protected Categories
Employment Offer
Offer Letter
• Contingent or Final?
• Key Inclusions
• At-Will Language
Acceptance
• Get it in writing!
**Every state is different**
Background & Reference Checks
Ba
ckg
rou
nd • Criminal
• SSN
• Employment Verification
• DMV
• Credit Check
• Drug ScreenR
efe
ren
ce • Authorization Forms
• Contacting current employer
• “Backdoor” Reference Checks & Social Media
Role of Social Media
Social Media Uses & Risks
77% Use to Recruit 22% Use to Research
Pre-Employment Screening Tool
Protected Class Info
Hiring Process
Maximize Benefit & Reduce Risk
Never Ask for Passwords
Have HR Do It
Look Later
Be Consistent
Document Decisions
Consider the Source
Be Aware of Other Laws
Trial or Probationary Options
When It’s Helpful & When It’s Not
Helpful
• Union/collecting bargaining situations
• Consistent treatment
• Same employment law rights
• Still have benefit waiting periods
Not So Helpful
• Complicates At-Will Doctrine
• Hard to identify performance difference at Day 90 vs Day 91
• Semantics of “probationary”
• Not an “out” to not-manage new hires
Onboarding as an Alternative
If you have a strong onboarding process, you shouldn’t need a probationary period.
• Include benefits and other paperwork in automated process
New Hire Package
• Address concerns early & increase likelihood of retentionCheck-In Process
• Consistent experience for all employees
Systematic Approach
Terminations
Best Practices
Best Way
Performance Management
Progressive Discipline
Documentation
Know State Specific Laws
• Don’t hire problematic employees
• Critical pillar
• When coaching doesn’t work
• FOSA
• Final wages
This concludes The American Institute of Architects
Continuing Education Systems Program
Alayne McDonald, Professional Development Coordinator
Abbey Brown, Client Solutions Manager
