Yesterday, we looked at the first 5 of our “Top 10” list of common hiring mistakes made by California employers. Today, the rest of the Top 10 – plus an upcoming webinar you won’t want to miss.
[For mistakes 1-5, click here.]
6. Not using offer letters
Offer letters, like job descriptions, are critical in managing a new hire’s expectations. Regardless of the nature of your business or the number of employees you have, using offer letters is a good idea.
A good offer letter should:
- clearly set forth the employee’s starting wage or salary and other benefits;
- state whether the job is exempt or nonexempt;
- reaffirm the company’s at-will-employment policy;
- describe the employee’s reporting relationships;
- list other documents you will require the new employee to sign; and
- state that your policies may change over time.
Most new hires expect a certain amount of legalese in offer letters, but try to keep the overall tone friendly and welcoming.
7. Failing to ensure job application complies with law
All too often, employers use standard preprinted 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 pretrial diversion program has been successfully completed. Make sure your job application complies with Californialaw.
Immigration law update for California employers coming Oct. 6 – learn more !
8. 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 coworkers of the new hire.
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 that all applicants are asked the same questions. Train interviewers so that they don’t make promises that can’t be kept.
9. 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.
10. Failing to comply with immigration requirements
Make sure your I-9 documentation is properly filled out and signed.
Don’t attach copies of the documents being verified with some I-9s but not others – that can be viewed as discriminatory. Don’t request more documentation than is required simply because the person looks foreign. Don’t use the I-9 to screen applicants – the earliest you can demand an individual fill out an I-9 is at the time you officially offer employment.
Use the correct I-9 form. The most recent versions are dated August 7, 2009, or February 2, 2009; the Spanish version is authorized only for Puerto Rico.
And remember, it’s the employee’s choice regarding which of the list A, B, or C documents she wishes to present for I-9 verification.
Finally, just because the applicant “looks foreign” doesn’t mean the only document he or she can provide is a green card.
Immigration Law Update: What You Need To Know Now To Comply
It’s been a very challenging year for immigration issues in the workplace:
- Federal inspectors have turbo-charged their audits of immigrant hiring practices and paperwork in 2011, inspecting thousands of companies across the country. What’s worse, they’re now targeting employers in these investigations, not illegal workers.
- After a major court battle, the Social Security Administration (SSA) has just resumed sending “no match” letters to employers.
- Regulators have begun revising (again!) the confusing, dreaded I-9 form, because the current version raises lots of questions in practice, from the types of identification documents employees must present to the deadline for employers to complete the form for new hires.
- E-Verify – the federal system for determining work eligibility – continues triggering lots of complaints, from “false positives” that incorrectly flag workers as ineligible to legal concerns about the system’s photo screening tool.
Join us for an in-depth webinar on October 6 – next week! – and get up to speed on everything you need to know. You’ll learn:
- How to deal with the brand-new SSA “no match” letters – what you must do when you receive them, and how you can avoid them in the first place
- Best practices for “bulletproofing” your I-9 procedures – from filling out, verifying, filing, and destroying the forms to auditing your I-9s and dealing with workers who refuse to submit them
- The latest updates on E-Verify, including tips for handling “tentative non-confirmations” properly and giving your employees notice that you’re using the system
- Practical guidelines for avoiding the most common bias claims related to immigration issues
- How you should handle federal immigration records requests, audits, and on-site inspections
Can’t make it next week? Order the CD and learn at your leisure.
Download your free copy of Questions To Ask In An Interview: Interview Questions for Employers today!