Do s and Don ts of Hiring and Firing

Transcription

1 Do s and Don ts of Hiring and Firing

2 Disclaimer The information contained in these materials are only a generalized discussion of areas of legal concern. Every employer s situation is in some way unique and the discussions contained in these materials may not adequately deal with each employer s circumstances. As a result, these materials cannot and do not purport to provide an answer to apparently similar problems. The materials should not be construed as legal advice or legal opinion which can be rendered properly only when related to specific facts. OR I am not a Lawyer.

3 Today s Session - Hiring Know Who You Want Identify Key Traits for Success Write Great Interview Questions Keep it Legal What You Can and Cannot Ask Documentation Guidelines

4 Know Who You Want The What technical knowledge and skills The How the behaviors they exhibit as they go about their work

5 Create a Quick Job Description The Outcomes What will be the result if someone is successful in the job? The Standards What are your expectations? Quality, quantity, timeliness The Behaviors What will you see someone doing on the job?

6 Examples of Behaviors Learning Ability is quick to pick up on new tasks, asks questions to clarify understanding, will seek help when necessary Results Oriented enjoys working hard, will take on challenges, strives to do a good job Collaborative listens well and respects the ideas and work of others, pitches in when necessary

7 Conducting a Successful Interview The more information you get about past behavior the better you will be able to predict future performance.

8 Behavioral Interviewing Questions Learning Ability Tell me about a time when you had to learn a new task very quickly. Results Oriented Please describe a time when you took on a hard job that was a real challenge to complete. Collaborative Can you describe a time when you had to work with a group that wasn t getting along well?

9 Getting All the Information Listen for: Details about the situation, what did the person do? What were the results of her or her actions? Clues to how a person thinks or approaches a job. Did they describe behaviors that you want? Have they exhibited behavior in the past that would make them successful in your job?

10 Getting All the Information Ask Probing Questions: Don t settle for generalities ask for details. What did the individual do not a team or a group. How did the person think through the situation or make a decision?

11 Keeping it Legal All questions must be: Job related Avoid protected class areas: Race Religion Age Disability Lifestyle Preference

12 What Can I Ask? Job Related Hours: Are you available to work at nights or on weekends? Physical: This job requires you to lift and move 50 lb. boxes, are you able to do that? Knowledge: Can you describe the training you ve received for this care protocol? Behavioral Interviewing Questions can Keep You Safe!

13 When Questions go Bad. Have you ever been injured on the job? What kind of last name is that? Have you ever been arrested? Were you honorably discharged? Is English your first or second language? And if you were a tree, what kind would you be?

14 Hiring Documentation Guidelines Write down facts, not impressions Do not record any appearance detail or guesses about protected areas Do not document accidental information A standard interview guide supports consistency

15 Interview Notes You are interviewing a candidate for a maintenance position. What would you write down? Question Describe your last manager. Answer He was a jerk. He made us work overtime all the time without notice, so I became the union steward. What pay rate do you think you would earn in this job? I need to make at least $15 per hour and I need the benefits ASAP.

16 Retention Guidelines Applications and interview notes for unsuccessful candidates 1 year Kept in a secure, limited access location

17 Today s Session - Firing The Three Step Disciplinary Process Documentation Guidelines Conducting a Tough Discussion Keeping It Legal

18 Why Do We Fire People? Not meeting performance standards Critical event - discipline Business downturn Position elimination

19 Illegal Reasons for Firing Discrimination Harassment Retaliation Exercised a right: Whistle Blower: report employer s illegal activity Serving on Jury Duty Filing a Workers Compensation claim Organizing a Union

20 The Principles of Fairness Performance expectations have been clearly explained Training and tools have been provided The employee has received feedback on performance issues The employee has been given an opportunity to succeed

21 The Tough Conversation S State what you want to discuss with the employee O Describe actions you have observed R Describe the results of the actions R Request a change in performance O Ask the employee to own the outcome

22 Progressive Discipline Performance has not improved with coaching Verbal warning expectation of immediate improvement and consequences for no improvement Written warning with suspension Termination

23 Document Your Conversations Keep it fact based be as objective as possible Use concrete examples but do NOT assume attitude or feelings Use quotes if possible Document the good as well as the bad Avoid jargon, jokes, sarcasm Include improvement plans and possible consequences

24 Why Document? Judges, lawyers and juries love paper No or bad documentation can cost you money Individual as well as corporate liability Demonstrates an effort to be fair

25 The 8 Rules for Successful Termination 1. Get the job done, don t avoid the problem 2. Make sure your documentation is complete 3. Get separation paperwork together release, final paycheck, etc. 4. Fire early in the week, never on a Friday 5. Keep the conversation short and sweet 6. Get them off the premises 7. Reassign the duties promptly 8. Carefully consider fighting unemployment benefits

26 What Can Get You in Trouble.. Firing when angry suspend instead Lack of consistency, nitpicking, pettiness No details and examples, insufficient documentation Falsifying or backdating documentation Inaccuracies, hearsay, failure to investigate completely

27 Your Rights You have a right to set performance expectations You have a right to expect employees to meet those expectations You have the right to terminate employees that fail to do so

28 And you ll be safe if you Set clear and fair performance expectations Provide people with training and the tools they need to do the job Consistently apply rules and policies Let people know how they re doing And for the courts document, document, document.

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