by kathleen "kelly" bergeron
The Right Way To Hire The Right
People
In today's workplace, the areas
that consistently generate the most employee lawsuits are hiring and firing practices.
These lawsuits cost companies millions of dollars each year. But statistics show that a
front-end investment in hiring the right people the right way will guarantee a reduction
in the number of employees you have to terminate, thereby reducing the overall number of
potential lawsuits. And that will save you money.
The first step to keeping yourself out of trouble is to review your
company's application form. It should contain a standard statement affirming the company's
commitment to equal opportunity: "(Company) does not discriminate in hiring on the
basis of race, color, religion, sex, national origin, age, disability, veteran status, or
status in any other group protected by federal, state, or local law."
Employers that want to preserve their right to fire "at
will" should include the following disclaimer on the application form: "In
consideration of my employment, I agree to comply with the policies, rules, regulations,
and procedures of (Company), and I understand that I do not have a Contract of Employment
with (Company); that my employment will be at will and is not for a definite duration; and
that my employment can be terminated with or without cause or notice, at any time, at the
option of either (Company) or myself."
Train your managers and supervisors to conduct legal interviews. The
same questions should be asked of each applicant to ensure consistency and fairness.
Interviews should focus on the individual's skills and qualifications, and not his
personality.
There are three types of questions that should be used by the
interviewer. Open-ended questions are designed to get the applicant talking about a
particular area. For example, "Tell me about your accomplishments in your last
job." Closed-ended questions are designed to get specific facts, sometimes
requiring only a yes or no answer. For example, "In your last job, did you also
handle the attendance records?" Probing questions are designed to cross-check
or supplement existing information. For example, "You mentioned you left that job
because you did not get a promotion. Would you please tell me more about that?"
According to survey results reprinted in the March 23, 1997, issue
of the newsletter, yourbusiness, the following are the 10 illegal questions most commonly
asked during an interview. They have nothing to do with the applicant's qualifications,
but employers continue to ask them.
- How many children do you have?
- How did you get that name?
- How old are you?
- Where (or what country) do you come from?
- As a woman, how well do you work with men?
- How good is your health?
- Are you married or single?
- Do you own or rent your home?
- Are you a minority?
- What are your religious holidays?
Memorize these questions and then remember not to ask them.
No matter what your business, the people you employ make the
difference between success and failure. They do the work, make the decisions, and
represent the company. Technological sophistication, whether in machinery or computers,
has yet to provide a substitute for talented, loyal, hard-working employees.
Therefore, the first step in any successful business is hiring and
retaining the right people, the right way.
Kathleen "Kelly" Bergeron is executive vice
president and chief of staff for Associated Industries of Florida and affiliated
companies. She received a master's degree in counseling psychology from Nova Southeastern
University.
