Do's and Don'ts of Hiring and Firing
Do’s and Don’ts of Hiring and Firing
Disclaimer The information contained in these materials are only a generalized discussion of areas of legal concern. Every employer’s situation is in some way unique and the discussions contained in these materials may not adequately deal with each employer’s circumstances. As a result, these materials cannot and do not purport to provide an answer to apparently similar problems. The materials should not be construed as legal advice or legal opinion which can be rendered properly only when related to specific facts. OR
I am not a Lawyer.
Today’s Session - Hiring
Know Who You Want
Identify Key Traits for Success
Write Great Interview Questions
Keep it Legal – What You Can and Cannot Ask
Documentation Guidelines
Know Who You Want
The What – technical knowledge and skills
The How – the behaviors they exhibit as they go about their work
Create a Quick Job Description
The Outcomes – What will be the result if someone is successful in the job?
The Standards – What are your expectations? Quality, quantity, timeliness
The Behaviors – What will you see someone doing on the job?
Examples of Behaviors
Learning Ability – is quick to pick up on new tasks, asks questions to clarify understanding, will seek help when necessary
Results Oriented – enjoys working hard, will take on challenges, strives to do a good job
Collaborative – listens well and respects the ideas and work of others, pitches in when necessary
Conducting a Successful Interview The more information you get about past behavior the better you will be able to predict future performance.
Behavioral Interviewing Questions
Learning Ability – ‘Tell me about a time when you had to learn a new task very quickly.’
Results Oriented – ‘Please describe a time when you took on a hard job that was a real challenge to complete.’
Collaborative – ‘Can you describe a time when you had to work with a group that wasn’t getting along well?
Getting All the Information Listen for:
Details about the situation, what did the person do? What were the results of her or her actions? Clues to how a person thinks or approaches a job. Did they describe behaviors that you want? Have they exhibited behavior in the past that would make them successful in your job?
Getting All the Information Ask Probing Questions:
Don’t settle for generalities – ask for details. What did the individual do – not a team or a group. How did the person think through the situation or make a decision?
Keeping it Legal All questions must be:
Job related
Avoid ‘protected class’ areas:
Race Religion
Age Disability Lifestyle Preference
What Can I Ask? Job Related –
Hours: ‘Are you available to work at nights or on weekends?’ Physical: ‘This job requires you to lift and move 50 lb. boxes, are you able to do that?’ Knowledge: ‘Can you describe the training you’ve received for this care protocol?’
Behavioral Interviewing Questions can Keep You Safe!
When Questions go Bad….
Have you ever been injured on the job?
What kind of last name is that?
Have you ever been arrested?
Were you honorably discharged?
Is English your first or second language?
And if you were a tree, what kind would you be?
Hiring Documentation Guidelines
Write down facts, not impressions
Do not record any appearance detail or guesses about protected areas
Do not document ‘accidental’ information
A standard interview guide supports consistency
Interview Notes You are interviewing a candidate for a maintenance position. What would you write down? Question
Answer
Describe your last manager.
He was a jerk. He made us work overtime all the time without notice, so I became the union steward.
What pay rate do you think you would earn in this job?
I need to make at least $15 per hour and I need the benefits ASAP.
Retention Guidelines
Applications and interview notes for unsuccessful candidates – 1 year
Kept in a secure, limited access location
Today’s Session - Firing
The Three Step Disciplinary Process
Documentation Guidelines
Conducting a Tough Discussion
Keeping It Legal
Why Do We Fire People?
Not meeting performance standards
Critical event - discipline
Business downturn
Position elimination
Illegal Reasons for Firing
Discrimination
Harassment
Retaliation
Exercised a right:
Whistle Blower: report employer’s illegal activity
Serving on Jury Duty
Filing a Workers’ Compensation claim
Organizing a Union
The Principles of Fairness
Performance expectations have been clearly explained
Training and tools have been provided
The employee has received feedback on performance issues
The employee has been given an opportunity to succeed
The Tough Conversation
S – State what you want to discuss with the employee
O – Describe actions you have observed
R – Describe the results of the actions
R – Request a change in performance
O – Ask the employee to own the outcome
Progressive Discipline
Performance has not improved with coaching
Verbal warning – expectation of immediate improvement and consequences for no improvement
Written warning with suspension
Termination
Document Your Conversations
Keep it fact based – be as objective as possible
Use concrete examples but do NOT assume attitude or feelings
Use quotes if possible
Document the good as well as the bad
Avoid jargon, jokes, sarcasm
Include improvement plans and possible consequences
Why Document?
Judges, lawyers and juries love paper
No or bad documentation can cost you money
Individual as well as corporate liability
Demonstrates an effort to be fair
The 8 Rules for Successful Termination 1.
Get the job done, don’t avoid the problem
2.
Make sure your documentation is complete
3.
Get separation paperwork together – release, final paycheck, etc.
4.
Fire early in the week, never on a Friday
5.
Keep the conversation short and sweet
6.
Get them off the premises
7.
Reassign the duties promptly
8.
Carefully consider fighting unemployment benefits
What Can Get You in Trouble..
Firing when angry – suspend instead
Lack of consistency, nitpicking, pettiness
No details and examples, insufficient documentation
Falsifying or backdating documentation
Inaccuracies, hearsay, failure to investigate completely
Your Rights
You have a right to set performance expectations
You have a right to expect employees to meet those expectations
You have the right to terminate employees that fail to do so
And you’ll be safe if you…
Set clear and fair performance expectations
Provide people with training and the tools they need to do the job
Consistently apply rules and policies
Let people know how they’re doing
And for the courts – document, document, document.
Disclaimer The information contained in these materials are only a generalized discussion of areas of legal concern. Every employer’s situation is in some way unique and the discussions contained in these materials may not adequately deal with each employer’s circumstances. As a result, these materials cannot and do not purport to provide an answer to apparently similar problems. The materials should not be construed as legal advice or legal opinion which can be rendered properly only when related to specific facts. OR
I am not a Lawyer.
Today’s Session - Hiring
Know Who You Want
Identify Key Traits for Success
Write Great Interview Questions
Keep it Legal – What You Can and Cannot Ask
Documentation Guidelines
Know Who You Want
The What – technical knowledge and skills
The How – the behaviors they exhibit as they go about their work
Create a Quick Job Description
The Outcomes – What will be the result if someone is successful in the job?
The Standards – What are your expectations? Quality, quantity, timeliness
The Behaviors – What will you see someone doing on the job?
Examples of Behaviors
Learning Ability – is quick to pick up on new tasks, asks questions to clarify understanding, will seek help when necessary
Results Oriented – enjoys working hard, will take on challenges, strives to do a good job
Collaborative – listens well and respects the ideas and work of others, pitches in when necessary
Conducting a Successful Interview The more information you get about past behavior the better you will be able to predict future performance.
Behavioral Interviewing Questions
Learning Ability – ‘Tell me about a time when you had to learn a new task very quickly.’
Results Oriented – ‘Please describe a time when you took on a hard job that was a real challenge to complete.’
Collaborative – ‘Can you describe a time when you had to work with a group that wasn’t getting along well?
Getting All the Information Listen for:
Details about the situation, what did the person do? What were the results of her or her actions? Clues to how a person thinks or approaches a job. Did they describe behaviors that you want? Have they exhibited behavior in the past that would make them successful in your job?
Getting All the Information Ask Probing Questions:
Don’t settle for generalities – ask for details. What did the individual do – not a team or a group. How did the person think through the situation or make a decision?
Keeping it Legal All questions must be:
Job related
Avoid ‘protected class’ areas:
Race Religion
Age Disability Lifestyle Preference
What Can I Ask? Job Related –
Hours: ‘Are you available to work at nights or on weekends?’ Physical: ‘This job requires you to lift and move 50 lb. boxes, are you able to do that?’ Knowledge: ‘Can you describe the training you’ve received for this care protocol?’
Behavioral Interviewing Questions can Keep You Safe!
When Questions go Bad….
Have you ever been injured on the job?
What kind of last name is that?
Have you ever been arrested?
Were you honorably discharged?
Is English your first or second language?
And if you were a tree, what kind would you be?
Hiring Documentation Guidelines
Write down facts, not impressions
Do not record any appearance detail or guesses about protected areas
Do not document ‘accidental’ information
A standard interview guide supports consistency
Interview Notes You are interviewing a candidate for a maintenance position. What would you write down? Question
Answer
Describe your last manager.
He was a jerk. He made us work overtime all the time without notice, so I became the union steward.
What pay rate do you think you would earn in this job?
I need to make at least $15 per hour and I need the benefits ASAP.
Retention Guidelines
Applications and interview notes for unsuccessful candidates – 1 year
Kept in a secure, limited access location
Today’s Session - Firing
The Three Step Disciplinary Process
Documentation Guidelines
Conducting a Tough Discussion
Keeping It Legal
Why Do We Fire People?
Not meeting performance standards
Critical event - discipline
Business downturn
Position elimination
Illegal Reasons for Firing
Discrimination
Harassment
Retaliation
Exercised a right:
Whistle Blower: report employer’s illegal activity
Serving on Jury Duty
Filing a Workers’ Compensation claim
Organizing a Union
The Principles of Fairness
Performance expectations have been clearly explained
Training and tools have been provided
The employee has received feedback on performance issues
The employee has been given an opportunity to succeed
The Tough Conversation
S – State what you want to discuss with the employee
O – Describe actions you have observed
R – Describe the results of the actions
R – Request a change in performance
O – Ask the employee to own the outcome
Progressive Discipline
Performance has not improved with coaching
Verbal warning – expectation of immediate improvement and consequences for no improvement
Written warning with suspension
Termination
Document Your Conversations
Keep it fact based – be as objective as possible
Use concrete examples but do NOT assume attitude or feelings
Use quotes if possible
Document the good as well as the bad
Avoid jargon, jokes, sarcasm
Include improvement plans and possible consequences
Why Document?
Judges, lawyers and juries love paper
No or bad documentation can cost you money
Individual as well as corporate liability
Demonstrates an effort to be fair
The 8 Rules for Successful Termination 1.
Get the job done, don’t avoid the problem
2.
Make sure your documentation is complete
3.
Get separation paperwork together – release, final paycheck, etc.
4.
Fire early in the week, never on a Friday
5.
Keep the conversation short and sweet
6.
Get them off the premises
7.
Reassign the duties promptly
8.
Carefully consider fighting unemployment benefits
What Can Get You in Trouble..
Firing when angry – suspend instead
Lack of consistency, nitpicking, pettiness
No details and examples, insufficient documentation
Falsifying or backdating documentation
Inaccuracies, hearsay, failure to investigate completely
Your Rights
You have a right to set performance expectations
You have a right to expect employees to meet those expectations
You have the right to terminate employees that fail to do so
And you’ll be safe if you…
Set clear and fair performance expectations
Provide people with training and the tools they need to do the job
Consistently apply rules and policies
Let people know how they’re doing
And for the courts – document, document, document.
