Yesterday, we looked at the first 5 of the top 10 hiring mistakes you should be careful to avoid. Today, the rest of the top 10, and an introduction to a webinar that will help clear up a new source of problems and confusion for California employers: medical marijuana.
This list is courtesy of Matthew A. Goodin, an attorney with the San Francisco office of Epstein, Becker & Green, PC.
6. Failing to ensure the job application complies with the law
All too often, employers use standard pre-printed job applications that may not comply with California law. For example, many form applications have a generic question that asks whether the applicant has ever been charged with or convicted of a crime.
In California, however, you may not ask an applicant about arrests that didn’t result in a conviction, certain marijuana-related offenses more than two years old, convictions that have been expunged or sealed, or arrests for which a pre-trial diversion program has been successfully completed. Make sure your job application complies with California law.
7. Failing to properly train everyone in the interview process
Your experienced HR staff certainly should already know which questions you can’t ask during an interview. But often, especially in larger companies, potential applicants might be interviewed by several people, including a hiring manager and even employees who would be co-workers of the new hire. Интернет магазин страз. стразы. Высокое качество и низкие цены.
Untrained interviewers may think they’re being friendly by asking about the applicant’s spouse or children, but such seemingly innocent questions may invite claims of marital status or sex discrimination.
Make sure everyone involved in interviewing applicants is trained on potential legal issues in conducting interviews. Consider using a prepared list of questions so all applicants are asked the same questions. Train interviewers so they don’t make promises that can’t be kept. The California Department of Fair Employment and Housing publishes a fact sheet of permissible employment inquiries.
How much leeway does California require you to give employees who use medical marijuana? Here’s how to find out.
8. Failing to examine resumes and applications
Most employers ask applicants to provide a resume and fill out a job application. However, many employers treat these documents as a mere formality and ignore potential red flags even though they’re right there in black and white.
Look to see that applications are completely and accurately filled out. An applicant should be questioned about any job gaps, sudden career switches, or other irregularities. Question applicants about the reasons they left prior jobs, and ask for names of former supervisors.
9. 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 who walks through the door. Take the time to find the right fit in terms of personality, skills, and experience.
10. Failing to realistically assess the 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.
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.
Medical Marijuana in California: How Much Leeway Must You Give Employees?
Employees in California may claim that they have the legal right to use marijuana if they’ve got a medical marijuana card to back up their claim. This creates a huge issue for California employers because applicants or employees may be more inclined to use the drug or reveal their medical conditions.
What do California and federal laws say about marijuana use? Must an employer offer accommodations under the federal Americans with Disabilities Act (ADA) and the state Fair Employment and Housing Act (FEHA) in those cases? How does employee use of marijuana affect your commitment to maintaining a safe and healthful work environment?
You may also need to rethink your approach to random drug testing, drug policies, employee monitoring/privacy, and more.
Join us on January 17 for an in-depth webinar all about the challenges posed by medical marijuana in the California workplace. You’ll learn:
- Recent legislative and court-based developments in California pertaining to medical marijuana usage that may affect your compliance obligations
- What to do—and what not to do—when dealing with an employee who has a medical marijuana card and a covered disability
- How to ensure that your policy on drug use is legally compliant
- Why you may want to rethink a “zero tolerance” drug policy
- Whether you have a duty to accommodate an employee with a legal prescription for marijuana and an ADA/FEHA-covered disability
- Best practices for random drug tests in California
- How to monitor the workplace for drug use without violating employees’ privacy rights
For information on how to register free of charge, click here.
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