05/05/2008
When hiring new employees, be aware that they may have signed noncompetes or other employment agreements with their previous employers. Ask if they have. If they did, ask for a copy. Then have your attorney review the terms before you make an offer. Here’s why ...
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05/02/2008
Employers don’t have to tell applicants exactly how the hiring process works—for example, how you sort applications, evaluate candidates for possible interviews and make job offers. Just make sure that everyone in the HR office who handles applications knows what the rules are ...
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05/01/2008
Human factors sometimes cloud the judgment of hiring managers—and could end up costing an organization if it finds itself on the losing end of a failure-to-hire lawsuit. That’s why it’s crucial to institute checks that prevent a hiring committee or manager from imposing subjective criteria on applicants ...
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04/25/2008
Employers that lean heavily on interviews to decide which of two equally qualified candidates to promote should make sure they can later explain the selection process. That means asking participants in panel interviews to take and collect notes on what the interviews covered and how well the candidates did ...
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04/10/2008
If, like many companies, you have a policy that encourages promotion from within, you may hesitate to look outside for additional candidates. Fear of a lawsuit might make you especially reluctant if one of the few internal candidates belongs to a protected class. As the following case shows, those fears are unfounded ...
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04/01/2008
Does your organization operate on shifts or have unusual work hours? If so, it’s fair to both job applicants and the organization to be ultra-clear about what hours new hires should expect to work. The best approach is to ask about work availability up front—right on the application ...
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04/01/2008
When W&M Properties took over management of an office complex, it immediately set about changing the staffing model under which building engineers would work. Managers began interviewing the seven incumbent engineers for positions under the new structure as well as outside, nonunion candidates. At some point during the interviews, a hiring manager let it be known that the company did not want a unionized work force ...
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04/01/2008
If your organization uses seniority as a factor in making promotion decisions, make sure you think through what sort of seniority you really want to use—company seniority or job seniority. Make sure managers and employees alike understand which type of seniority counts for promotions ...
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04/01/2008
Lots of employees try to blame lost jobs or promotions on discrimination. To do so, they assign themselves into protected classes that may not seem at all obvious. For example, a black employee who obviously hasn’t been discriminated against because he is black may add national origin to the mix ...
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03/01/2008
It stands to reason that a manager who thinks enough of an applicant to hire her won’t turn around and fire her a few months later in a fit of discrimination, especially if the applicant belonged to a protected class. That’s why it makes sense to have the same people who made the hiring decision be part of the termination process if the need should arise ...
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03/01/2008
Darryl Hall, a black warehouse worker for Detroit Forming Inc., will have his day in court after the Michigan Court of Appeals reversed a lower court’s ruling on his race discrimination case. Hall testified that company owner Leigh Rodney told workers at a shift meeting that if they didn’t like the way he ran the company, they could “go back and pick cotton.” ...
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03/01/2008
It seems like such a simple rule. Never comment on an applicant’s age or other protected characteristics. Remind managers it takes just one stupid comment to provoke a lawsuit. Emphasize that refusing to interview a qualified candidate because of a stated prejudice almost automatically qualifies as an adverse employment action. That makes it almost certain you will lose.
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03/01/2008
When it comes to hiring and promotion, one of the best things you can do to protect your organization from lawsuits is to clearly explain the qualifications and experience needed before you schedule an interview with a candidate ...
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03/01/2008
In many cases, the best candidates for your job openings aren’t in the job market. They’re happily employed elsewhere, and they need a major incentive to show up at your door for an interview. A new start-up job board intends to create that incentive ...
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03/01/2008
Anyone who has watched the political debates this year has seen a lot more talking going on than listening. The same thing can happen in the workplace. For various reasons—nervousness, ego, control issues—managers sometimes “overexplain” an issue or fill the silence with unnecessary words ...
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