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Issue #42 - 4.1.08
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The Seven Keys of Effective Hiring
Having and following an effective employment relations policy is the best way to head off legal claims by disgruntled employees. But hiring effectively is the best way to eliminate applicants who might carry with them the seeds of such claims.
There are two principal dangers to the employer in the hiring process itself. The first is the risk that unsuccessful candidates will claim discrimination in the process. The second is that you will hire someone who has a history of issues and will visit those on the next employer.
There are seven keys to successful hiring that address those risks:
First, it is critical, if advertising for the position, to stick only to the specifics of the position and the income level. Do not include phrases such as “Girl Friday,” or “need energetic person,” or any language that might be construed as discouraging specific groups, such as older persons, from even applying. The courts often hold that these seemingly innocuous glosses on the facts are stereotyping indicative of some bias.
Second, have a good application form, and require each applicant to fill one out. The form must include language in which the applicant acknowledges and agrees to the following: that (1) she affirms the accuracy and truthfulness of all information; (2) she agrees that any inaccurate information will subject her to immediate termination, if hired; (3) she authorizes you to contact former employers for reference information and releases such employers for any liability in the disclosure of accurate information about the applicant; and (4) that she agrees that if she should bring any legal claim arising out of the employment relationship, it must be brought within 180 days of her separation. Many states allow up to two years for suit to be brought against the employer. Any shortening of this time is of great benefit to you.
Third, when you have chosen candidates to interview, send letters to those who will not be interviewed. Thank them for applying, and state simply that other applicants had superior qualifications but that the applicant should apply in the future if any job comes open.
Fourth, have a standard checklist for interviews of applicants. The checklist is important because it will assist you in avoiding questions which are discriminatory. For example, you may not ask an employee about any health problems, past illnesses or injuries. You may not ask about medications she might be taking. Incredibly, some employers have asked workers who appear older how long they intend to work. Never do that. You may ask applicants if they require any accommodations in order to do the job. To that end, you should provide the applicant with a written job description at the beginning of the interview. If the applicant denies the need for accommodation, it should be noted on the checklist. If she does need accommodations, you need to engage her in a discussion of specific limitations and needs. You may, or may not, be able to accommodate. If that issue arises, you definitely want to consult with someone knowledgeable in the legal requirements for accommodation. You need not hire someone because they have impairments, as long as you can document superior qualities in another applicant, or you can show that accommodations would be unreasonable.
You are certainly free to consider subjective criteria in the interview process—general intelligence, appearance, initiative, etc. If you note the presence or absence of such criteria for one applicant, however, you should do it for all.
Fifth, in our society today, it is important that you retain a firm to conduct a background check on the final choice before making a final offer. Background checking, particularly into credit history, is governed by the Fair Credit Reporting Act. Specific authorizations are required of the applicant, and if the position is denied because of information obtained, notification and opportunity to correct information must be given to the applicant.
You will receive a copy of the report from the agency you use. The report must be kept in a confidential file on that particular applicant. If you chose to discard it, make certain it is shredded.
This adds a layer of documentation and modest cost to the process. However, I am currently working with two doctors who recently discovered embezzlement by front desk workers—one of whom has identified losses in excess of $90,000.00. A background check cannot insulate the practice from theft, but if the check turns up serious financial issues, nothing prevents you from hiring another candidate.
Sixth, you must send a letter to any applicant who was interviewed but not chosen. The successful applicant should receive an offer letter, identifying the position and income at a minimum.
Seventh, and perhaps most important, you should have a separate hiring file for each position. Included in the file should be everything related to the process—from a copy of advertisement to the final letters. The file should be maintained for at least two years. This file is your best evidence that the process was fair to all applicants. Of course, copies of the relevant documents of the successful applicant should be also in her personnel file.
Mike Moore is ranked among the best in employment law and named one of the top 10 lawyers in Ohio. As Director of McKenzie’s HRSolutions, Mike is the creator of the Employment Policy and Handbook, geared to provide dentists who are unsophisticated in the legal arena with a step-by-step policy manual.
Click here to hear Mike present “7 Elements of an Effective Employment Policy.” Email Mike at mike@thedentistsnetwork.net.
Interested in having Mike speak to your dental society or study club? Click Here