Hiring Best Practices and Legal Pitfalls. DPLE 281 October 5, 2016

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Madeleine Riley
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1 Hiring Best Practices and Legal Pitfalls DPLE 281 October 5, 2016

2 RLI Design Professionals is a Registered Provider with The American Institute of Architects Continuing Education Systems. Credit earned on completion of this program will be reported to CES Records for AIA members. Certificates of Completion for non-aia members are available on request. This program is registered with the AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. Questions related to specific materials, methods, and services will be addressed at the conclusion of this presentation.

3 Copyright Materials This presentation is protected by US and International Copyright laws. Reproduction, distribution, display and use of the presentation without written permission of the speakers is prohibited. RLI Design Professionals

4 Course Description Recruiting, hiring, and integrating new employees has always presented challenges and risks. With over 2,000 employment related claims filed on an average workday, implementing carefully considered hiring, integration, and termination policies is an important risk management strategy for your business.

5 Learning Objectives Participants in this session will: Evaluate the elements of the hiring process and the associated risks Understand the role and challenges of using social media in the hiring process Consider when a trial or probationary period may be appropriate Review appropriate steps to take in terminating an employee to help avoid claims

6 Guest Presenter Courtney Ransom AVP Organizational Development

7 Elements of the Hiring Process & Associated Risks

8 Sourcing Candidates Candidate Search Online Job Board 3 rd Party Recruiter Employee Referral Internal Posting Passive Recruiting LinkedIn Mining

9 Application What to Ask? Do Name Current/Past Address Contact Info Past Position & Reason for Leaving Past Salary Education (if required) Hiring Source Position, Desired Salary, Availability, References Don t Age, DOB, Gender, Race, Religion, Origin Physical Traits Medical Conditions or Disabilities Arrests and/or Criminal Convictions Credit History or Garnishment Citizenship, Smoking/Drug Use, Union Membership

10 Interviewing Craft Job Description Review Applications Interview Questions Tied to Description Consistent Behavioral

11 Interviewing Risks Writing on resume Making promises Protected categories

12 Candidate Selection Internal Postings Protected Categories Golden Rule Every employment decision is based on legitimate business-related concerns

13 Candidate Selection Protected Categories Race Color Religion Gender National Origin Age

14 Employment Offer Offer Letter Acceptance Contingent or Final? Key Inclusions At-Will Language Get it in writing! **Every state is different**

15 Background & Reference Checks Background Criminal SSN Employment Verification DMV Credit Check Drug Screen Reference Authorization Forms Contacting current employer Backdoor Reference Checks & Social Media

16 Role of Social Media

17 Social Media Uses & Risks 77% Use to Recruit 22% Use to Research Hiring Process Pre-Employment Screening Tool Protected Class Info

18 Maximize Benefit & Reduce Risk Never Ask for Passwords Have HR Do It Look Later Be Consistent Document Decisions Consider the Source Be Aware of Other Laws

19 Trial or Probationary Options

20 When It s Helpful & When It s Not Helpful Union/collecting bargaining situations Consistent treatment Same employment law rights Still have benefit waiting periods Not So Helpful Complicates At-Will Doctrine Hard to identify performance difference at Day 90 vs Day 91 Semantics of probationary Not an out to notmanage new hires

21 Onboarding as an Alternative New Hire Package Check-In Process Include benefits and other paperwork in automated process Address concerns early & increase likelihood of retention Systematic Approach Consistent experience for all employees If you have a strong onboarding process, you shouldn t need a probationary period.

22 Terminations

23 Best Practices Best Way Performance Management Progressive Discipline Documentation Know State Specific Laws Don t hire problematic employees Critical pillar When coaching doesn t work FOSA Final wages

24 This concludes The American Institute of Architects Continuing Education Systems Program Alayne McDonald, Professional Development Coordinator Abbey Brown, Client Solutions Manager

Hiring Brown. A Guide to the Staff Hiring Process and Best Practices

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