interviewing, hiring, and onboarding: best practices for landing cream-of-the-crop employees (and...

Interviewing, Hiring,and Onboarding:Best Practices for Landing

Cream-of-the-Crop Employees(and Weeding Out the Duds)

Friday, September 16, 2011Presented by the Employer Resource Institute

© 2011 Employer Resource Institute. All rights reserved. These materials may not be reproduced in part or in whole by any process

without written permission.

© 2010 Employer Resource Institute. All Rights Reserved

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• This webinar is designed to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services.

• This webinar provides general information only and does not constitute legal advice. No attorney-client relationship has been created. If legal advice or other expert assistance is required, the services of a competent professional should be sought. We recommend that you consult with qualified local counsel familiar with your specific situation before taking any action.


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About Our SpeakerLaura E. Innes, Esq., is a partner in the California-based law firm Simpson, Garrity, Innes & Jacuzzi. She is engaged exclusively in the practice of labor and employment law, combining preventive counseling for employers with civil and administrative litigation defense. Also, she is an experienced mediator and alternative dispute resolution practitioner, and she regularly conducts in-house training programs for her employer clients.

Since 2004, Laura has been named annually as a "Super Lawyer" - within the top 5 percent of lawyers in northern California - in the employment law arena, and she speaks and writes very frequently on labor and employment law matters (including numerous sessions for ERI each year).

Laura earned her law degree from the University of California at Berkeley, Boalt Hall School of Law.

[email protected]

www.sgijlaw.com

Interviewing, Hiring, andOnboarding

http://www.blr.com/

© Business & Legal Reports, Inc. 0908

Major Fair Employment Laws• Civil Rights Act (Title

VII)

• Age Discrimination in Employment Act

• Equal Pay Act

• Americans with Disabilities Act

• Genetic Information Nondiscrimination Act (GINA)

Copyright 2011 BLR Inc.


Major Fair Employment Laws• Executive Order 11246

• Pregnancy Discrimination Act

• Immigration Reform and Control Act

• Uniformed Services Employment and Reemployment Rights Act

• California’s specific employment laws



Company Policy• Equal employment

opportunity

• Our goal: To hire the best candidates for each job solely on the basis of qualifications



Job Descriptions•Write a job description for each position

• Focus on qualifications

• Specify essential job functions



Job Descriptions• Set reasonable

educational and experience requirements

• Be careful of physical requirements



Writing and PlacingJob Advertisements• Pay attention to your

wording

• Focus on job skills and responsibilities

• Be careful with educational requirements

• Think about where you place the ad



Applications• Apply application

procedures equally to all applicants

• Ask only what’s relevant to the job

• Be careful with pre-employment testing and criminal records questions



Nondiscriminatory Interviews• Write down your

questions

• Describe the job objectively

• Ask similar questions of all applicants



Nondiscriminatory Interviews• Focus on job requirements and company

policies

• Avoid stereotyping applicants

• Take notes of the conversation



Interview Notes• Factual

• No opinions or personal biases

• Job-related information only

• Keep notes on file for at least 1 year



Questions You Can’t Ask• Age

•Marital status

• Family

• Sexual orientation

• Health



Questions You Can’t Ask• National origin

• Citizenship

• Disabilities

• Religion

• Criminal record



Questions You Can Ask• Citizenship

• Language

• Family

• Disabilities



Questions You Can Ask• Attendance obligations

due to religion

• Military service

• Criminal record



Preemployment Testing• Make sure tests are job-

related

• Validate all tests

• Test all applicants for the position

• Give all applicants for the same position the same test



Release Forms• Releases allow legal access to information

• Releases must be in writing and signed by the applicant

• Include a release statement for each type of information



Release Forms• Information must be job-related

• Be specific about the information you need



Reference Checks• No job offer is made

until references are checked

• Check references for all applicants

• Contact each reference given

• Document all information received



Reference Checks• Insufficient information

•Misrepresentations of material omissions



Documenting References• List all references

you’ve checked

• Include the name of the person who made the contact

• Note how the reference was contacted

• List the name and title of everyone you contacted



Documenting References• File return letters and any records received

• Keep all notes of your telephone conversations

• Document unsuccessful efforts to contact references

• Retain documentation for at least 1 year



Educational Information• Have interviewees sign a Family Educational

Rights and Privacy Act (FERPA) waiver allowing you to confirm proof of degrees or request transcripts

• Always follow up with the signed waiver in hand and check applicants’ educational information



Restrictive Covenants• Always ask interviewees if they are subject

to any noncompete agreements, nondisclosure agreements, or similar restrictive covenants with current or former employers

• Consult with legal counsel about how to proceed if the answer is “Yes”



Retaining Applications• Don’t discard paperwork you’ve collected

during the application process

• Have a policy about retaining or discarding unsolicited job applications and resumes



Offer Letters• Include “at will”

language

• Attach the final job description with essential job functions and any contingencies



Benefits of Orientation• Explain your goals and

philosophies as a company.

• Make new hires feel like a part of something larger than themselves.

• Teach new employees to take pride in their work.

• Explain your workplace policies and procedures.



Benefits of Orientation• Obtain employee handbook

acknowledgments.

• Review your organizational structure.

• Solicit questions from new hires and identify persons they can to go with questions in the future.

© Business & Legal Reports, Inc. 0907Copyright 2011 BLR Inc.


• Think about the who.

• Build a foundation.

• Introduce yourself and what you do.

• Introduce their co-workers and teams.

Who Should RunOrientation?




• The first day on the job

• Follow-up sessions

When Should You When Should You Do Orientations?Do Orientations?




What Should You Cover?

Benefits

Expectations

Performanceevaluations

Company historyand background

Supervisors andco-workers

Policies andprocedures



Where Should You Conduct Orientations?

• Where are the new hires going to be working?

• What is the best location for them to concentrate and learn?

• What presentation equipment will you need?



Orientation info letter: when to arrive, where to

park, where to enter, what to wear, and what to

bring

Verify employment eligibility

Little Things Really Matter



Little Things Really Matter• Prepare

workstations and the first week's assignments

• Set up a welcome lunch if possible



Special Case Orientations• Temporary employees

• Part-time employees

• Employees with disabilities



PAYTIMEEMERGENCY

INFORMATIONBENEFITSIDENTIFICATIONEMPLOYEE HANDBOOKAdministrative Items



Work Schedules


• Work hours

• Breaks

• Overtime

• Absences

• Vacations and holidays



Job-Specific Information• Organizational chart

• Accountabilities

• Manuals

• Job description

• Performance appraisals

• Work tasks




General Items• Safety

• Security

• Facility layout

• Phone system

• Supplies and materials

• Equipment



• Keys, access cards or codes

• Attire

• Food and beverages

• Smoking

• Visitors

• Parking

General Items



Laura E. Innes, Esq.

Simpson, Garrity, Innes & Jacuzzi, P.C.

601 Gateway Blvd., Suite 950

South San Francisco, CA 94080

650.615.4860 (phone)

650.615.4861 (fax)

[email protected]

www.sgijlaw.com


Questions?


Thank You

• Recordings of this webinar and past presentations can be

ordered by calling (800) 695-7178.

• Or visit www.employeradvice.com for information.

• We hope you’ll join us again soon.

Please be sure to complete and return your program evaluation. You’ll receive a link to the evaluation in an email from ERI after the live webinar session ends.

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