Part 1 - Ways to Help Prevent Bad Hires — A Costly Mistake
Are there any HR mistakes as aggravating, time-consuming, money-losing, and lawsuit-threatening as making a bad hire? It can mean wasted training and coaching, disgruntled colleagues, work undone, angry customers, and a likely lawsuit when you are forced to let the person go. Employers should engage in comprehensive pre-interview screening, sound interviewing practices, reference checking and background checks.
To help avoid bad hires, gather as much objective information as possible about prospective employee. In addition to the steps listed above, following is a strong suggestion.
Establish a Background Check Policy
Establish a written policy regarding background checks and train hiring managers in the appropriate use of information obtained. Include the following in your policy:
•A list of jobs for which background checks will be required and what types of information will be collected
•A statement that a background check will be required for any applicant who receives a conditional offer of employment for one of the designated jobs
•Information on who will have access to background check reports
•A procedure for protecting the confidentiality of information obtained
•A statement regarding the types of information that might disqualify a candidate
Avoid conducting background checks on a selective basis. In addition, if certain information disqualifies one individual, similar information about another applicant should disqualify that applicant as well.
Comply with the Fair Credit Reporting Act (FCRA)
When employers hire a third party to conduct a background check or obtain reports from outside agencies, the background checks and reports are subject to the Fair Credit Reporting Act (FCRA).
FCRA distinguishes between two forms of reports—consumer reports and investigative consumer reports. Consumer reports such as credit checks provide general financial and personal data about an individual's payment history, overall indebtedness, addresses of record, etc.
Investigative consumer reports provide in-depth information about an individual's character, general reputation, personal characteristics; mode of living, etc., that may be obtained through searches of public records and/or interviews with neighbors, friends, professional associates, and other acquaintances.
Due to the more "intrusive" nature of investigative consumer reports, FCRA requires employers who request this type of report to comply with additional notice and disclosure requirements. (When employers seek employment references, driving records, and criminal background information, they are requesting an investigative consumer report.)
Notice Requirements
Before obtaining any type of consumer report, an employer must comply with very specific upfront notice requirements under FCRA. Your third party vendor should be familiar with and able to supply all necessary disclosures and forms. If they aren’t familiar or don’t use them, find another provider.
Then, before taking any adverse action against an individual that is based in whole or in part on the information contained in a consumer or investigative consumer report (e.g., termination of employment, refusal to hire or promote), there is another series of notice obligations. Again, your third party vendor should be well versed on these procedures and handle the notice requirements for you. If not, find another provider.
Take Care When Using Criminal History Records in Employment Decisions
No comprehensive federal law regulates an employer's investigation or use of individual arrest and/or criminal conviction records. However, because a reliance on arrest and conviction information may inadvertently result in the disproportionate screening out of minorities and other protected groups, employers need to be particularly cautious in this area.
Because an arrest record is not of itself evidence of criminal guilt, arrest records should generally not be used as definitive grounds for rejection.
In the absence of a controlling federal or state law, employers should generally consider the following before making any negative employment decision based on an applicant's or employee's criminal record:
•The length of time since a conviction
•The nature of the crime
•The relationship between the job to be performed and the crime committed
•The number of convictions
•Rehabilitation efforts
•Subsequent employment history
This article was edited and summarized from an edition of HR Daily Advisor Tip
If you need more information on developing a sound hiring process for your company, please contact me at TheWhitfordGroup@aol.com or 704 905-7749.
Monday, January 11, 2010
Saturday, January 2, 2010
Happy New Year!
New Year's Resolutions: Twelve to Consider
New Year's resolutions top many to-do lists each holiday season. I personally prefer to call them goals instead of resolutions. I’ve discovered over the years that I rarely stick to “resolutions” but tend to be tenacious about my goals. I also believe it is important to write them down and share them with others. For me a goal that has not been communicated is simply a wish and wishes seldom come true.
Call them resolutions or call them goals, here are a few to consider.
1. Be good to yourself this year. Just do it!
2. Do something you love to do every single day. Again, just do it!
3. Do something just for you every single day. Resolve to set time aside for yourself every day to exercise, relax, reflect, cook a gourmet dinner, eat ice cream, write in a journal, garden, walk your pet or do any other activity that you enjoy. Just make sure the activity is different than what you already do all day long. Enjoy life.
4. Give yourself credit and a pat on the back when you deserve it. If you don’t get praise from others, give it to yourself. You deserve it. It is important that you recognize yourself for excellent efforts. One way to do this is to keep a file of positive notes, thank you letters and reminders of successful ventures. I call mine my, “I Love Me File”.
5. Strive to learn something new every day. It is easy to get bogged down in the same old, same old. Read an article; a book; have an interactive discussion with friends or colleagues. Talk to your kids!
6. Make professional contacts and network. Look up friends and colleagues with whom you have lost touch. Make sure you attend at least one networking meeting each month. You will benefit from the friendships and relationships you develop from active participation. It is not enough to “join.” You need to participate.
7. Practice courage by stepping out of your comfort zone. You know when you are in your comfort zone. An issue occurs. You hear yourself making up excuses in your mind about “why” you shouldn’t speak up or make a change. When you find yourself in this situation, state what you are really thinking or want to do. Once you have begun breaking through your own self-imposed barriers, you will find that exercising courage builds your self esteem and can be exhilarating. Plus, it gets easier every time!
8. Listen more than you talk. The old adage about one mouth and two ears is generally true. In Stephen Covey’s words, seek first to understand, then to be understood.
9. Develop a method to track your life goals, your daily engagements, and your to do list. Using a planner, whether in Microsoft Office Outlook on your laptop or on your smartphone, allows you to empty much of the daily detail from your mind. This gives your mind room for more important thinking.
10. Read. Try to read widely and broadly. Get out of the business books once in awhile to see how other subjects enhance your point of view.
11. Take up a new hobby or activity. If something has always intrigued you and piqued your interest, resolve to take the first steps in participating this year. You’ll add a new dimension to your world.
12. Take yourself a little less seriously. As we strive for business success, we can get bogged down in serious deliberation, advising and problem solving. Take time to laugh, especially at yourself.
Feel free to contact me at TheWhitfordGroup@aol.com or visit my website at TheWhitfordGroup.com
HAPPY NEW YEAR!
New Year's resolutions top many to-do lists each holiday season. I personally prefer to call them goals instead of resolutions. I’ve discovered over the years that I rarely stick to “resolutions” but tend to be tenacious about my goals. I also believe it is important to write them down and share them with others. For me a goal that has not been communicated is simply a wish and wishes seldom come true.
Call them resolutions or call them goals, here are a few to consider.
1. Be good to yourself this year. Just do it!
2. Do something you love to do every single day. Again, just do it!
3. Do something just for you every single day. Resolve to set time aside for yourself every day to exercise, relax, reflect, cook a gourmet dinner, eat ice cream, write in a journal, garden, walk your pet or do any other activity that you enjoy. Just make sure the activity is different than what you already do all day long. Enjoy life.
4. Give yourself credit and a pat on the back when you deserve it. If you don’t get praise from others, give it to yourself. You deserve it. It is important that you recognize yourself for excellent efforts. One way to do this is to keep a file of positive notes, thank you letters and reminders of successful ventures. I call mine my, “I Love Me File”.
5. Strive to learn something new every day. It is easy to get bogged down in the same old, same old. Read an article; a book; have an interactive discussion with friends or colleagues. Talk to your kids!
6. Make professional contacts and network. Look up friends and colleagues with whom you have lost touch. Make sure you attend at least one networking meeting each month. You will benefit from the friendships and relationships you develop from active participation. It is not enough to “join.” You need to participate.
7. Practice courage by stepping out of your comfort zone. You know when you are in your comfort zone. An issue occurs. You hear yourself making up excuses in your mind about “why” you shouldn’t speak up or make a change. When you find yourself in this situation, state what you are really thinking or want to do. Once you have begun breaking through your own self-imposed barriers, you will find that exercising courage builds your self esteem and can be exhilarating. Plus, it gets easier every time!
8. Listen more than you talk. The old adage about one mouth and two ears is generally true. In Stephen Covey’s words, seek first to understand, then to be understood.
9. Develop a method to track your life goals, your daily engagements, and your to do list. Using a planner, whether in Microsoft Office Outlook on your laptop or on your smartphone, allows you to empty much of the daily detail from your mind. This gives your mind room for more important thinking.
10. Read. Try to read widely and broadly. Get out of the business books once in awhile to see how other subjects enhance your point of view.
11. Take up a new hobby or activity. If something has always intrigued you and piqued your interest, resolve to take the first steps in participating this year. You’ll add a new dimension to your world.
12. Take yourself a little less seriously. As we strive for business success, we can get bogged down in serious deliberation, advising and problem solving. Take time to laugh, especially at yourself.
Feel free to contact me at TheWhitfordGroup@aol.com or visit my website at TheWhitfordGroup.com
HAPPY NEW YEAR!
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