Posted by Rick Dacri on May 30, 2013
The last thing an employer needs is a lawsuit. Yet, when it comes to employment law, it is easy to find yourself in a difficult situation, which has trouble written all over it. Here are 6 areas where mistakes are often made by unprepared managers resulting in a messy and costly suit:
- Hiring Process: it all begins here. Asking inappropriate interview questions, making a badly chosen, but seemingly “harmless” comment that discriminates, giving an insensitive reason for rejecting a candidate, or simply making bad hire will land you in big trouble. Train all interviewers in proper interviewing techniques and hiring procedures.
- Negligent hiring and retention: when you know things about a candidate or employee, such as their having violent behavior or a dangerous driving record and you still hire or retain them and then they commit a similar infraction (ex. strike an employee or get into an accident driving a company car), you may be facing a lawsuit. Check references before making a hire decision. Address performance problems immediately.
- Discrimination in employment: Intentional or even unintentional acts of discrimination will get you into trouble. Audit your polices, procedures, pay policies, hiring, promotion and training practices to make sure all your management systems compliant. Train you managers.
- Discipline process: There’s nothing that will motivate an employee to call an attorney faster than a supervisor botching a disciplinary meeting. Be consistent in applying your policies, train your managers in having difficult conversations, and review all situations with upper management before meeting with the employee.
- Evaluation process: Giving a positive evaluation to a poor performer may help you avoid an uncomfortable appraisal interview, but rest assured, it is a recipe for disaster if you ever have to terminate that employee for performance. Give honest appraisals and train your manager on how to give appraisals.
- Firing process: There is no easy way to fire someone. When not done respectfully, employees nearly always want to strike back and a lawsuit is a great way to get even. Again, review all cases before approving a termination. Make sure the manager understands what needs to be done and how to do it. Include a second manager in the process to serve as a witness and to lend support.
Minimize the risks of employee lawsuits by implementing the recommendations outlined about. Managing is hard enough without adding a lawsuit. If you need assistance, give me a call for help.
You may also like to read:
EEOC Reports Nearly 100,000 job Discrimination Charges
Reference Checking: 5 Tips to Get Great References
2012 Checklist for People Management
Are there other areas to avoid beyond these 6? Let us know in the comment section.
(This article was written by Mike Dacri and was published in Consulting Magazine, February 2013 issue)
Radio interviews are a great tool to position yourself as an expert, gain visibility, leverage your services, promote your book, and sell your products. But there are good radio interviews and there are bad interviews—you never want to give one of the bad ones.
Think of a radio interview like a dance: you may have asked her to dance and received a “yes,” but you still have to go out on the floor and impress her. Remember, you are on a mission. You are selling your services as well as yourself.
Here are few tips I have learned over the years as a publicist to help you give great interviews and just maybe earn some business so you can sell your products as well!
- Don’t Put Everyone to Sleep: The perfect guest has energy and passion, but when you lack energy and speak like you just rolled out of bed, you lose your audience fast! Kick it up a notch without going over the top. Remember, most radio interviews take place during the morning drive!
- Get to The Point: It’s a radio interview, not a Sunday ride in the country. In your first sentence or two, you must grab your audience and convey your message. Otherwise, everyone will turn their radio dials. Continue reading
Getting a “Yes” To Every Job Offer
10 Foolproof Steps
By Rick Dacri, Dacri & Associates, LLC
This article was originally published in Mainebiz, October 1, 2012
Finding the perfect candidate to fill the critical position in your company is never easy. Search, interviewing, and reference checking can be draining to you and your organization. And once you find the “right” one, you’d like to believe your job is over, but it is not. Getting the candidate to say “yes” is the most important part of the entire recruitment process. Without a “yes” everything else you have done is simply practice.
After you have completed the interviews and references, ask yourself: Can he do the job? Will she be accepted? Will he fit? Is she interested? What is the likelihood that he will stay? Will outside factors interfere with her performance? Are there any red flags? Am I excited about him? Is my staff? Is she the one?
If you are convinced that the candidate has the right stuff and will add value to your organization, then it is time to prepare the job offer. Don’t underestimate this step. Too often, we assume the candidate will automatically say yes. Unfortunately, this is not the case. Unless they are unemployed, there is often a pull to stay in the current job then to accept your position—a “buyer’s remorse.” And, they may be interviewing elsewhere where a “better” offer may already be on the table.
To begin, let’s look at some of the reasons candidates accept new positions. Continue reading
(Guest blog post by Mike Dacri)
Radio interviews are a sure-fire way to sell books, gain fame and position yourself as a thought leader. But without practice and preparation, your ticket to stardom can drop like a sinker.
In my experience promoting authors, these are the top six mistakes made by unprepared authors:
- Putting everyone to sleep: The perfect guest has energy and passion, but when you lack energy and speak like you just rolled out of bed, you lose your audience fast! Kick it up a notch without putting it over the top.
- Never getting to the point: It’s a radio interview, not a Sunday ride in the country. In your first sentence or two, you must grab your audience and convey your message. Otherwise, everyone will be turning their radio dials.
- Cutting off the host: Passion is important and we know you want to speak, but don’t talk over your host or this will be your last interview on their show. Remember, you’re a guest.
- Being the “same ole, same ole”: Be interesting. Be different. Don’t be afraid to be contrarian. Provide a sound bite that will hock the audience and get them thinking. Otherwise they’ll forget about you before the interview even ends.
- Not knowing your value: Every host and listener is asking, “Why should I care about what you have to say?” or “Why should I buy your book?” In fact, expect your host to ask these questions directly. If you can’t answer with a powerful, insightful response, you’ve just missed a golden opportunity to sell your book and you should have probably skipped the interview all together.
- Reading a script: Radio interviews are about conversations with your host. Never read a script. Having notes are OK, but if you’re simply going to read your notes you might as well email it in. They want to hear from you. You’re the subject expert, so demonstrate it by conversing with the host and your audience.
Radio interviews are a powerful medium that can propel your career and position. With preparation, practice and authenticity, you can find that it can provide you the critical exposure needed to market your book.
Tell me what your experience has been.
One of the best ways of evaluating a job candidate is through the quality of questions asked of the interviewer. Good, thoughtful questions show interest, knowledge and insight. However, if the interviewer hears these questions, red flags should begin waving:
- How often do you drug test and do you give advance notice? What drugs do you test for?
- Will you be monitoring the sites I visit on the web?
- Do you have to check my references?
- Will you be checking the sex offender registry before making a hire decision?
- Would it be OK if my mother sits in on this interview?
- Will you be monitoring my attendance?
- Would it be OK to bring my kids to work?
- What’s your policy on concealed weapons? Will I be required to walk through a metal detector to get to my office?
- Does your educational assistance policy cover anger management classes?
- Will I be expected to get along with everyone?
- Is there a waiting period before I can use the EAP?
- Is their a psych evaluation as part of the pre-placement physical?
- Do you investigate all workers’ comp claims?
Hear any of these questions and its time to reconsider making a hire decision and ending the interview—fast.