#1: Failure to Plan the ‘How’ to Get the Right ‘Who’

Too many managers start interviewing before they know what they are looking for. Start with an accurate job description, says Cummins. It’s the springboard for everything else. To get it right, you have to involve the people who work with the job, do the job, and supervise it.  A good job description will:

--Help you define the requisite skills and qualifications.
--Separate out the “essential functions,” as required by the ADA.
--Lead to a matrix of criteria which provides a defense against discrimination claims.

To determine your hiring criteria, Cummins suggests the following:

--Focus on knowledge, skills, abilities, relevant job experience, education.
--Determine what is really necessary to succeed; not some "wish list."

After you have decided your criteria, develop a series of questions that will help you to distinguish candidates with the attributes you seek.

#2: Failure to Use a Good Employment Application

Every applicant must fill out an employment application, Cummins says. She offers the following suggestions for a good application:

--Request relevant information only.
--Require the names of the last supervisor for each prior employer, and get authority to contact all references.
--Include acknowledgments stating that:
  • If employed, the applicant will abide by the organization’s rules.
  • The application is not a contract.
  • Employment will be at will.
  • Information provided is accurate, and if not, is grounds for discharge at any time.
  • The applicant is not bound by any restrictive covenants, e.g., noncompetes.

#3: Failure to Maintain Records of Applications

Recordkeeping is required by the Office of Federal Contract Compliance Programs (OFCCP) for federal contractors, and is also necessary for defending possible discrimination claims. 

Devise a policy for dealing with applicants and stick with it for both Internet and hard copy application submissions. (“This is how we look at submissions, this is how we review them, this is what we do with them.”)

#4: Failure to Train Interviewers

There are three common mistakes untrained interviewers make, says Cummins: impermissible questions, inconsistency, and overselling.

Impermissible Questions

Untrained managers tend to ask impermissible questions, such as:
--High school graduation date (“What class were you in?”)
--Origin of accent or unusual name (“That’s a pretty accent; where are you from originally?”)
--National origin (“How did you come to learn Farsi?”)
--Family or marital status (“Tell me about your family.”)
--Disability (“What happened to your foot?”)

Inconsistency

Whatever is asked, keep it consistent among candidates. One way to do this is with a set of written questions, all of which are asked of everyone.

Overselling

Promises to the applicant may be interpreted by courts as contracts, or may subject the employer to fraud or “promissory estoppel” legal problems.

#5: Failure to Ask About Restrictive Covenants

Ask applicants, “Are you subject to any agreements with your former employer that could prohibit your free employment with us or restrict you somehow?” If the answer is yes, get copies of the agreements and read them.

#6: Failure to Check References and Basic Application Information

Surveys show, says Cummins, that 56 percent of all applicants supply incorrect information in some significant area. Knowing this, you must perform background checks, she says.

#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.

Source: BLR