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Interviewing

Use cutoff point on promotion list to lessen legal risk

11/01/2007

To lower the risk of a failure-to-promote lawsuit, consider creating a cutoff point on your internal promotion list. For example, instead of considering all 15 potential candidates for an open position, consider just the top three. The disappointed candidates lower on the list will have a tougher time getting to court …

How do oral promises affect an ‘Employment contract’?

11/01/2007

Q. Do oral promises my employer made during my job interview or during my employment constitute part of my contract of employment? …

Recognize any of these 6 supervisor profiles?

10/23/2007

The hard-driving, ruthless boss may fit the stereotype of today’s most successful corporate executive. But the most effective workplace leaders are honest, caring  and flexible. Six profiles show the full spectrum of supervisory skill—as rated by employees.

Ridiculous resumes, inane interviews liven up the hiring process

10/16/2007

Recruiting and interviewing potential new hires can be time consuming, but for many employers the process is far from boring. In fact, given some of the wacky things candidates include on their résumés and blurt out during interviews, hiring may be the funniest part of an HR pro’s job.

Interview and consider applicants even if they’re receiving SSD payments

10/01/2007

Applicants and employees who are so disabled they are eligible for Social Security Disability (SSD) payments can still sue for disability discrimination under state law. Why? Because claiming you are totally disabled and unable to work (as required to get SSD benefits) doesn’t mean you don’t think you could do some type of work with reasonable accommodations …

Know applicant’s race? Don’t try to deny the obvious

10/01/2007

You know you aren’t supposed to consider race in hiring decisions. And ideally your organization takes steps to ensure the hiring process is as color-blind as possible. But let’s face facts: Sometimes the person screening applications is going to know the job-seeker’s race (especially when a current employee seeks a promotion). Denying that fact won’t help you if an applicant who doesn’t get the job decides to sue—and it may actually hurt. The applicant can raise the denial as evidence of illegal motive or intent …

Can we conduct medical exams before we make offers to out-of-state applicants?

10/01/2007

Q. My company would like to institute a policy of conducting medical examinations on out-of-state applicants when workers interview here for jobs. This would reduce the number of trips an applicant would have to make before beginning employment with our company. The test results would be sealed (so the information cannot be relied upon in making job offers) and would be reviewed only if we offered, and the applicant accepted, a conditional offer of employment. Would such an arrangement violate the ADA? …

Employee References: Sample Release Form

09/28/2007
White Paper published by The HR Specialist, copyright 2007 ______________________ It’s a smart legal move to require employees to sign a waiver releasing your organization from liability for providing truthful employment references. The following is a sample Employment Reference Release form that was adapted from several state bar associations’ employment law groups. You can use […]

Warn supervisors: Don’t comment needlessly on race

09/01/2007

The selection process is over, and the newly promoted employee has begun work. Now is not the time for those involved in the hiring process to pontificate on racial balance in the workplace. That’s especially true if the applicants were all qualified for the position and a member of a majority class was selected over minority candidates …

Pool parties entice nurses onto job

09/01/2007

When Children’s Healthcare of Atlanta wanted to create a central staffing pool of nurses last fall, it launched the “100 Nurses in 100 Days” recruitment drive. It was unheard of to hire that many nurses in such a short period of time, says Megan Graham, director of recruiting. To attract enough nurses, the hospital had to get creative with its recruitment efforts …