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Workforce Development

Five Ways to Enhance Hiring Procedures

By Jim Holland and Greg Ballew
  


The repercussions of poor hiring decisions go beyond tarnishing a contractor’s reputation with customers and the public. Selecting the wrong person for a job can decrease productivity and company morale, leaving fellow employees to wonder why they’re required to pull more than their fair share of the weight. Bad hires also exact an inordinate share of management time and are more likely to file—or cause—costly and time-consuming lawsuits.

Effective hiring procedures can help ensure new employees are well-suited to a company. Here are a few tips on how to proceed when bringing a new employee on board.  

Require a Signed Application and a Résumé
The first line of defense against hiring inadequate employees is to require a written application on a customized and lawful form—even if the applicant has submitted a résumé or has previously worked for the organization.

Requiring an application helps prevent claims of discriminatory hiring practices, and the applicant’s signature verifies the statements and agreements on the application. This can be important in the event of litigation (e.g., the employer discovers evidence of a falsified application).

Importantly, employers should never complete the application or fill in blanks on behalf of an applicant.  

Carefully Review Materials
Don’t be the employer who, in the midst of litigation, concludes, “If I had only reviewed the application more carefully.” Employers should carefully examine applications for gaps in employment history, job-hopping, victim-like responses to questions about why the employee left prior jobs, and questions left blank (especially regarding criminal convictions).

For example, do not accept a response such as “see résumé” on an application in lieu of a complete chronological listing of all periods of employment or unemployment.  

Let the Applicant Talk
Use the interview process to clarify information on the application, test the truthfulness of the applicant’s claims, and obtain additional information regarding the applicant’s personality, character and motivation. The goal is to gather details and make the applicant talk. Don’t spend the entire interview selling the organization.

Certain questions can be telling. For example, if an applicant talks negatively about his prior employers, he may be more likely to talk negatively about his new company. However, do not ask unlawful questions about age, ancestry or religion. Depending on state laws, some pre-employment inquiries, particularly those related to potential disabilities, may be made only after an offer of employment has been extended.  

Check References
hile all companies know they should check job applicants’ references, this critical step is surprisingly underutilized. Rather than contacting human resources departments, where personnel are well-versed in dispensing only basic information on former employees, contact the applicant’s previous supervisor, who can provide more details. If met with a neutral response, ask if the applicant is eligible to be re-hired.  

Implement an Introductory Period
After an applicant is hired, utilize a probationary or introductory period to evaluate the new employee and, if necessary, reverse a bad hiring decision. Most employers know within the first 90 days whether the new employee is the right person for the job.

Statistics show an employee terminated shortly after employment has begun is less likely to challenge the decision. Further, an employee terminated during the introductory period typically is viewed by judges and juries as having fewer rights than longer term employees.

An effective hiring process can result in quality employees who enhance the company’s reputation and key relationships. By implementing these best practices, employers are more likely to have a dedicated and productive workforce for years to come.  


Jim Holland and Greg Ballew are attorneys in the Kansas City, Mo., office of Fisher & Phillips LLP. For more information, call (816) 842-8770, or email jholland@laborlawyers.com or gballew@laborlawyers.com.

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