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November 2, 2012

HR Fact Friday: The Ten Commandments of Hiring

Back by popular demand we are reposting the following employment law tips called the Ten Commandments of Hiring and Firing.

  1. Follow closely all relevant company policies related to hiring, e.g. re:  application and offer process, interviews, and EEO. If you do not have any such policies, get some and train all persons who are to use them.
  2. Be aware of relevant state and local laws, as well as national ones (e.g. – Salt Lake City ordinance precludes discrimination based on sexual orientation and gender identity, Florida based on marital status and Wyoming based on tobacco use).
  3. Learn about and train all employees to avoid inappropriate inquiries.
  4. Be consistent in your decisions to avoid allegations of disparate treatment.
  5. Act on the basis of job-related factors.
  6. Document such things as eligibility to work in the United States after job offers.
  7. Carefully verify the legality of and business justification for any pre-employment testing (drugs, psychology, etc.).
  8. Use at-will statements and contract disclaimers on application forms and offer letters and avoid   statements re: job security, probationary periods, tenure and reasons for discharge, unless you intend to create a contract, which should be done in writing.
  9. Do not make promises you may not be able to keep – (e.g. “We will review your application against future openings”).
  10. Be humane and professional. Revenge is the motive for many employment lawsuits.

Next week check back for The Ten Commandments of Firing.

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