Builders and Contractors Exchange
Weekly Bulletin: 21 Mar 2005
Top 10 Hiring Blunders - And How to Avoid Them. Part 2 of 2
By: Arlene Klinedinst
In last week's article we introduced you to the first of our top 10 hiring blunders. This week we add to the list, starting with number 6, of the most common hiring mistakes.
6. Not Doing Criminal Background Checks. In Virginia and many other states, employers also may require pre-employment criminal background checks through the FBI or through a state law enforcement agency. If employees will have access to company funds or be required to enter customer residences as part of their jobs, criminal background checks are crucial to avoid liability for "negligent hiring." Criminal background checks for all employees also give employers valuable information about substance abuse problems or past histories of violence.
7. Using a Medical Questionnaire as Part of Your Application. Under the Americans With Disabilities Act ("ADA"), which applies to all employers with 15 or more employees, employers may not ask pre-offer questions about medical conditions/disabilities/ workers' compensation claims. Employers may, however, require post-offer medical examinations or questionnaires so long as such information is requested after the job is offered, is required from all employees hired for that position, and any disabilities uncovered are reasonably accommodated (unless they create an undue burden on the company). ADA also requires employers to keep such medical information confidential.
8. Ignoring Your Affirmative Action Plan. If your company is a federal government contractor, it probably is required to have an affirmative action plan ("AAP"), which contains your company's policies on recruitment of applicants, job advertising, and other hiring practices. If you do not follow your AAP when you need to hire employees, it creates a risk of liability for federal government sanctions, including fines, injunctive relief, and possible debarment.
9. Ignoring "Red Flags". When interviewing applicants or checking references, certain information raises a "red flag." For example, an individual who has never held a job for longer than a year, who has unexplainable gaps in employment, who displays unusual behavior during interviews, who does not make eye contact, who shows up late for interviews, or who submits an application with numerous errors, probably should not be hired. Trust your gut reaction when making hiring decisions!
10. Not Terminating "Bad Hires" Within 30 Days. If you make a hiring mistake, you should correct it ASAP. Employees who immediately display poor work performance, absenteeism, or other bad work habits, should be terminated before they work 30 days to avoid liability for unemployment compensation benefits. Unless the individual is terminated for "willful misconduct" or resigns, the last "30-day employer" pays unemployment benefits.
If an employer follows its own sound, legal hiring policies and conducts a proper pre-employment investigation, it will increase its likelihood of hiring honest, productive employees.
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.