Alas, you probably won't be able to avoid all troublemakers, but with diligent efforts you will avoid most of them. Yesterday's Advisor began our discussion about how to avoid bad apples; today, more about background checks, and an introduction to the guide readers call the "FMLA Bible."

To avoid hiring troublemakers, do consistent, detailed reference checks:

  • Be sure to talk to current or former direct supervisors.
  • Explore the red flags uncovered on the application and during the interview.
  • Stick with questions about performance on the job.
  • Engage a professional agency to conduct background checks appropriate to the position.

One of the most effective checks you can do is just to compare all the information you have. Are the résumé and application consistent with each other and with information gained during background checks, reference checks, and interviews?

If you have trouble getting former employers to open up, follow these tips:

  • Have the employee sign a waiver. Fax the waiver to the person you need to talk to.
  • Enlist the candidate's help. Have the candidate call the person and request that he or she speak to you.
  • Play hardball. Tell the person that you won't be able to consider the applicant unless you can get a reference.
  • Quote job reference immunity laws. Over half the states have laws protecting employers from liability for statements made in job references, as long as the information is true, provided in good faith, and devoid of malice. Those statutes are designed to encourage employers to share useful information with one another, rather than giving only names, positions, and salary levels. If your state has such a law, let applicants' former employers know about it when you interview them.

Can You Avoid All Troublemakers?

Probably not. But even if a few slip through, it's worth the effort if you keep some out of your organization. At the very least, you'll establish your good-faith effort to screen candidates.

You do not want to be on the witness stand explaining how you never quite got around to doing the reference checks on one of your new employees who just committed a violent act—one that he or she had committed before at a former place of employment.

FMLA changes—the #1 hassle of 2010, and likely of 2011. BLR's compliance guide is ready to help now. Click here to find out more about the Family and Medical Leave Act Compliance Guide.

You Never Know

One attorney tells of a client who was being sued by an employee the client had just fired. Although the termination was for poor performance, the former employee claimed that he was fired because he had reported regulatory violations to the authorities (which he had).

In preparing for the case, the attorney contacted five former employers. All five had been victims of the same scenario—the person would, in each case, get hired, perform poorly, make a complaint, get fired, and then sue!

Obviously, not one of these employers had bothered with reference checks on this employee.

Troublemakers' FavoriteTarget—FMLA

If you do hire a troublemaker, one area where you're almost sure to have problems is Family and Medical Leave. Slackers love open-ended intermittent leave—their ticket to get off work whenever they want to—unless you've established iron-clad policies and procedures.

It's an almost overwhelming task to keep up with the FMLA, and the recent, far-reaching changes haven't helped. And that's to say nothing of the devilish complexity of marrying FMLA with ADA and workers' comp. Good news! BLR's editors have gone the extra mile to get your comprehensive compliance guide up to date.

BLR's recently updated Family and Medical Leave Act Compliance Guide—the book some are calling the "FMLA Bible"—simplifies the frustrating and confusing complexities of the FMLA, so you know exactly how to comply in every situation.

It contains practical answers to all the FMLA questions you are asking—and the ones you haven't thought of but should be asking.

A whirlwind of changes has hit the FMLA—are you ready to comply? Order BLR's comprehensive guidebook and find out what you need to do. You'll get expert FMLA guidance, forms, and concrete examples. Find out more.

The Family and Medical Leave Act Compliance Guide includes:

  • Leave law overview
  • All the new forms and advice on how to use them
  • Practical guidance on implementing all aspects of the new rules
  • Analysis of federal and state laws, what they require, and how they interact
  • Leave circumstances, coverage, and eligibility—for FMLA, ADA, workers' comp, and military leave
  • Recordkeeping and reporting requirements
  • Reasonable accommodation
  • Sample policies and forms
  • Plus a quarterly newsletter and updates to make sure you stay in compliance as any changes come about

Get more information or order your copy of the Family and Medical Leave Act Compliance Guide.

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