HR Management & Compliance

Top 10 Hiring Mistakes Made By California Employers

Given the recent state of the economy, most employers have been more concerned with how to conduct effective layoffs than with avoiding mistakes in the hiring process. Yet as the economy gradually (if fitfully) shows signs of improvement, companies need to prepare to hire again. Are you ready?

Now is an excellent time to revisit best practices in the hiring process. Here are the top 10 mistakes California employers make in the hiring process – and how to avoid them. 

1. Failing to take full advantage of background checks 

Yes, there are a lot of rules and procedures to follow, and many companies may decide conducting background checks is more trouble than it’s worth. For certain positions, that may be true. But there are many third-party vendors that can perform background checks for you.

For certain positions – for example, safety-sensitive positions or positions in which the employee will have control over cash or other valuable company assets – performing background checks is almost a necessity. Not only can thorough background checks weed out undesirable applicants, but they can also protect you from a negligent hiring claim. And even if you don’t perform background checks, be sure to check an employee’s references. 

If you decide to use a consumer reporting agency to conduct background checks on applicants in California, make sure you comply with the notice, disclosure, and consent requirements under the federal Fair Credit Reporting Act and the California Consumer Reporting Agencies Act (CCRAA). The requirements under the CCRAA will also apply if you conduct your own investigation using public records.

Fortunately, these laws don’t restrict you from directly contacting an applicant’s previous employers to obtain reference information. Although not required, it’s useful to obtain the applicant’s express written permission to contact references and former supervisors. 


Immigration law update for California employers coming Oct. 6!


2. Failing to realistically assess need for drug testing 

Preemployment drug testing is generally permissible in California, but it’s expensive and carries some potential legal liability. You should carefully consider whether drug testing is necessary at all or whether it’s necessary for all positions.

Certainly, it may be advisable for safety-sensitive positions; however, many employers routinely perform drug testing of all potential new hires at great cost but to little practical benefit. Perform a cost-benefit analysis to determine whether and to what extent preemployment drug testing is appropriate for your company.

If you decide to conduct drug testing, make sure you have a written policy that complies with federal, state, and local law, and obtain the applicant’s prior written consent.

Also, the timing of any drug tests or other medical exams of applicants is critical. Any drug test or medical exam must be conducted after you have made an offer of employment and completed any background or reference checks and before the individual begins working. 

3. Rushing the process 

A sudden departure of a key employee can create havoc. It can be tempting to rush to fill a vacancy, particularly if it’s a critical position. However, the more critical the position, the more important it is to get the best candidate for the job. You won’t achieve that by rushing the hiring process.

Hiring a new employee costs money – both in terms of the time spent interviewing candidates and the time spent training. Don’t waste it by filling the job with the first warm body that walks through the door. Take the time to find the right fit in terms of personality, skills, and experience. 

4. Nepotism and word-of-mouth hiring 

Hiring friends or family members of current employees or recruiting by word of mouth not only invites hiring discrimination claims but also can create problems with morale, discipline, and productivity. Post your hiring ads in as many sources as possible to increase your candidate pool. 


Are you up on the I-9 rules? Are you sure? Join our webinar on Oct. 6 and get it nailed down, once and for all.


5. Not using job descriptions (or not using them effectively) 

Accurate, up-to-date job descriptions are a great interview tool. They allow a hiring manager to tailor interview questions to the exact requirements of the job. In addition, providing a new applicant with a detailed, accurate job description helps to ensure the new employee has a realistic expectation of the nature of the job. 

Tomorrow, the rest of the list – plus a valuable upcoming webinar you won’t want to miss.

Download your free copy of Questions To Ask In An Interview: Interview Questions for Employers today!

Leave a Reply

Your email address will not be published. Required fields are marked *