Builders and Contractors Exchange
Weekly Bulletin: 14 Mar 2005
Top 10 Hiring Blunders - And How to Avoid Them. Part 1 of 2
By: Arlene Klinedinst
With today's critical shortage of labor, it is tempting for employers to hire any "warm body" they can find. This article urges employers to resist this temptation. Avoiding the most common hiring mistakes will help avoid legal liability:
1. Not Using a Standard Application Form. Contractors should have a standard application form for every applicant considered and every employee hired. No law requires employers to accept every resume or every application form submitted. However, if the company is in the "hiring mode" and is "accepting applications," then every individual considered should complete the company's standard application form (even if they already submitted a resume). The application should require applicants to certify that everything contained in the application is truthful, accurate and complete, and that the applicant understands that, if hired, he or she will be employed "at will" and for no specific term. These documents help employers defend discriminatory hiring and firing claims and help support federal government contractors' Affirmative Action plans.
2. Not Updating Your Application Form. Application forms that have not been reviewed by a labor and employment attorney during the past few years may contain "illegal" questions about an applicant's age, ethnicity, medical conditions, family status, or the like. Application forms should contain only job-related questions.
3. Not Investigating Prior Employment. Employers reviewing applications should be sure to contact an applicant's prior employers to verify the information provided by the applicant and to investigate whether the individual had any problems with their prior employers. Employers should document all reference-checking attempts, even if the applicant's prior employers are not forthcoming with information. This documentation shows that your company took reasonable steps to investigate an applicant's work history and thus could protect your company from liability for a "negligent hiring" claim.
4. Asking "Bad" Questions During Interviews. Job interview questions should always be job-related. Employers should never ask about an individual's marital status, spouse's occupation, children, child care arrangements, medical conditions, or pregnancy plans. Employers may ask applicants whether they are able to perform the essential functions of the job for which they applying, whether they have reliable transportation to the job, whether they can work overtime when needed, or whether they can work flexible hours. However, if a question references age, sex, marital status, religion, race, national origin, disability, medical, or financial status, your company risks liability for a discrimination claim.
5. Not Drug Testing. Many employers currently require applicants to pass pre-employment drug or alcohol tests. Such tests are legal in Virginia and in most other states. If your company is not performing pre-employment drug and alcohol tests, you risk hiring those individuals who were rejected by employers who are doing such tests.
Next week in part 2 of 2, we will identify the last 5 hiring blunders and how to avoid them.
Questions?
If you have any questions about this article or any other related matters, please contact:
This article is meant to bring awareness to this topic and is not intended to be used as legal advice.