Recruiting

Hiring: Best of Intentions, Worst of Lawsuits


Today, more manager’s hiring mistakes to add to the expensive 6 in yesterday’s Advisor, plus a program that’s helping HR managers all over the country be more effective … especially if they’re in small or one-person departments.


Although they may have the best of intentions, untrained managers doing hiring can get their companies in legal hot water very quickly, says New York City Attorney Barbara Meister Cummins. Her “manager’s mistakes” appeared in our sister publication, the HR Manager’s Legal Reporter. Yesterday, we gave you the first 6, now another troublesome 2:


#7: Failure to Send a Proper Offer Letter


Always send an offer letter, Cummins advises. Letters dispel misconceptions and provide defenses to certain claims. Cummins suggests including the following:


–Start date, job title, compensation, and direct report.
–Bonus (if applicable). Use the terms “discretionary,” or “targeted,” if appropriate. Focus on the current year.
–Hours of the workday. Mention if overtime will or may be required.
–Benefits. Mention specific benefits if they are unusual.
–Statements that employment is at-will, and the offer letter is not a contract.
–Statement of contingencies if the offer depends on, for example, reference checks or drug tests
–Statement that there are no promises other than those set forth in the letter.


#8: Failure to Provide a Real Orientation


Avoid the rushed “one-hour” orientation, says Cummins. Adopt the “onboarding” approach, which decreases turnover and increases productivity. Some topics to include:


–Duties. Review duties and expectations on the first day.
–Policies. Review important policies and get them acknowledged.
–Antiharassment. Provide full-on harassment prevention training right from “Day 1.”
–Information Technology. Include mention of your right to monitor and a “no expectation of privacy” clause.
–Confidentiality/Nondisclosure/Noncompete. Prohibit employees from bringing trade secrets and proprietary information from former employers.
–Code of Conduct. Go over workplace guidelines, such as your dress code, and have the employee sign an acknowledgment.



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And One Final Mistake: Going Solo!


Get help when you need it, counsels Cummins. You are much better off getting help … before the lawsuit.


Where to get that help? That can be tricky, especially in a small HR department. We asked our editors if there was any special help directed right at the smaller—or even one-person—HR office. They came back with Managing an HR Department of One, a program unique in addressing the special pressures small or isolated HR departments face. Here are some of the features included:


—Tutorial on how HR supports organizational goals. This section explains how to probe for what your top management really wants, and how to build credibility in your ability to deliver it.




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—Overview of compliance responsibilities through a really useful chart of 21 separate laws HR needs to comply with. These range from the well-known Fair Labor Standards Act (FLSA) and FMLA to lesser-known, but equally critical rules such as Executive Order 11246. Also included are federal and state posting requirements. (Proper postings are among the first things a visiting inspector looks for … especially now that the minimum wage is changing repeatedly in the next 2 years.)


—Training guidelines. No matter what your company size, expect to have to do training. Some is required by law. Some is just good business sense. Managing an HR Department of One walks you through how to train effectively, for the least time and money.


—Prewritten forms, policies, and checklists. These are enormous work-savers! Managing an HR Department of One has 46 such forms, from job apps and background check sheets to performance appraisals and leave requests, in both paper and on CD. The CD lets you easily customize any form with your company’s name and specifics.


If you’d like a more complete look at what Managing an HR Department of One covers, click the Table of Contents link below. Or better yet, take a look at the entire program. We’ll send it to you for 30 days’ evaluation in your own office with no obligation to buy.  Click here, and we’ll make all the arrangements.


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