Hiring the Right Employee

1
Hiring the Right Employee

• By
• Jim Chiolino
• 33 East Main Street, Suite 900
• Madison, Wisconsin 53703
• Tel [phone] Fax [phone]
• jchiolin_at_quarles.com

October 19, 2007
2
The Importance of the Hiring Process

• Headlines!
• "Dean at M.I.T. Resigns, Ending a 28-Year Lie."
• Marilee Jones Dean of Admissions Admits to
  fabricating her academic credentials.
• --------------------------------------------------
  -----------------------------
• "FEMA Director Padded His Resume."
• Michael Brown former FEMA Director included
  misleading or false information in his resume.

3
The Importance of the Hiring Process

• Hire the right person / an honest person.
• Avoid claims of negligent hiring.
• Avoid other legal problems.

4
Legal Side of the Hiring Process

• Title VII
• ADA
• ADEA
• WFEA
• IRCA

5
Fair Credit Reporting Act

• The FCRA applies to employers requesting a
• Consumer Credit Report
• An Investigative Consumer Report
• From a Consumer Reporting Agency.

6
Consumer Credit Report

• May be obtained for an employment purpose
• FACT Act Amendment
• Employers may hire outside investigators without
  prior disclosure
• Disclosure is required after adverse action
• Amendment eases requirements on employers

7
Union Membership

• National Labor Relations Act (NLRA)
• Unfair labor practice to discriminate because of
  union status or activities.
• Wis. Stat. 103.46
• Contracts void if terms require party NOT to
  join, become, or remain union member.
• Wis. Stat. 103.52
• "Yellow Dog" statute it is against public
  policy for employees to agree to join or remain a
  member of a specific union, or agree NOT to join
  a union.

8
Applications and Interviews

• Determine the qualifications and experience
  required for the position
• Review the job application
• Does it request relevant information?
• Does it request irrelevant/illegal information?
• Develop good interview questions

9
Asking About Arrests / Convictions

• Can ask applicants about felony and misdemeanor
  convictions and pending criminal charges.
• Cannot inquire as to an applicants arrest
  record.
• The conviction or pending criminal charge must be
  substantially related to the job duties.
• These laws vary from state to state.

10
Asking About Medical Issues / Abilities

• Carefully define job functions.
• Limit medical inquiries to the proper time and
  place.
• Avoid inconsistent inquiries.
• Do not base questions on perception of disability
  or gender.
• Properly administer pre-employment tests.

11
Asking About Child Care / Weekends

• Weekend Work
• Child Care Questions Gender Discrimination?
• Religious Accommodation

12
Other Interview Pointers

• Ask job-related, open-ended questions.
• Explore gaps in employment.
• Explore the applicant's honesty
• Ask if applicant omitted jobs / schools from
  application. If so, why?
• Ask if any information on the application is
  false, incomplete, or misleading.
• Ask if the applicant has ever been discharged or
  asked to resign.

13
Checking References

• Obtain comprehensive employment history.
• Perform authorized reference checks.
• Offer applicant opportunity to provide additional
  information.
• Check blogs, MySpace, etc.?
• See www.blogpulse.com www.technorati.com

14
Post-Offer Considerations

• Revisiting the ADA
• Drug tests
• Medical exams
• IRCA verification
• The Offer Letter
• The Rejection Letter

15
Hiring the Right Employee

• By
• Jim Chiolino
• 33 East Main Street, Suite 900
• Madison, Wisconsin 53703
• Tel [phone] Fax [phone]
• jchiolin_at_quarles.com

October 19, 2007