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Hiring Process

As the economy rebounds, New York employers may be faced with the task of ensuring that they have sufficient personnel to meet demand. As a result, companies will increasingly find themselves storing away pink slips and retrieving those "want ads." There are several areas of concern, however, that you should be aware of when making hiring decisions to avoid litigation and liability.
Many hiring decisions seem to be made with far less thought and analysis than is desirable. Sometimes hiring decisions are based on factors that are irrelevant to job performance (such as "any friend of Tom must be OK") -especially when the position must be filled immediately. There's also a tendency among interviewers to not prepare properly for the interview, developing no more useful information than which applicant is best at small talc.
Importance of the hiring process
Why is an improved hiring process so important in preventing employment litigation? Hiring decisions, statements made during interviews, and screening practices are frequently offered as evidence in suits for:

discriminatory failure to hire due to the worker's protected status (e.g., age, gender, national origin, race, religion, and disability,

discrimination against employees (such as failure to promote or wrongful termination); and

breach of an express or implied contract.

A solid hiring process is also important from an economic perspective. It's expensive to hire, train, and then

New York Employment Low Letter
lose an employee, either through a resignation or the termination of someone who turns out to be unqualified or a poor fit for the job. High turnover also takes its toll on managerial time and energy. Many employers have found that increasing their investment in employee selection reduces long-term employment costs.
Steps to improve employee selection
Although every company must develop a hiring process that meets its distinctive needs, there are several common principles that will likely improve any employer's selection decisions and reduce litigation risks. Those principles include:

Proper job descriptions. Job descriptions should define the essential functions of the job, the necessary qualifications, and the company's expectations. Litigation under the Americans with Disabilities Act has reinforced the importance of not only articulating job requirements but also updating them regularly so they can be used as credible evidence of current duties and employer expectations. Note that you should go beyond stating specific tasks in the job description. Other requirements, such as regular attendance or the ability to work as part of a team, should also be identified.

Complete job applications. Application forms should be completed by all applicants. Also, applicants should be notified of any particular conditions of employment, such as drug-testing or credit checks. You should also clearly communicate during the application process (preferably in the application itself) that employment will be on an at-will basis.

Train the interviewer. Train all employees who come into contact with applicants during the interview process about acceptable inquiries, and ensure that they understand their role. An untrained interviewer may inadvertently ask a forbidden question (such as "Do you have any back problems?") or an inadvisable question that elicits information about the applicant's protected status. Comments or promises made during an interview may also come back to haunt you.

Advertise wisely. Develop a consistent practice for advertising and internally posting job openings. You should advertise positions in a manner aimed at reaching the maximum number of potential workers in the applicable market area. In addition, you should exercise caution in selecting current employees for available positions without notifying other qualified workers about the openings.

Make the right decision. Give serious consideration to candidates who meet the hiring criteria, show proven capability to perform the job, express an interest in the job, and have demonstrated loyalty to former employers. Be wary of candidates who fail to complete the application form, quit a prior job without adequate notice, accept salary terms and then try to improve the deal, or reveal confidential information.

Bottom line
Investing time and resources in organizational hiring practices will yield significant returns for your company through better hiring decisions and reduced risks of legal liability.

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