Compliance: 6 Problem Areas For Employers

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

Reference Checking: 5 Tips To Get Great References

I received this question about reference checking from a client who uses my HR HelpLine Service.  The client is the Chair of a human service agency board of directors. Here is the client’s question and my advice:

Client Question: We are preparing to hire a new executive director for our agency. My experience in checking references is that the HR department only verifies employment and nothing more. For this hire, should we even bother trying to do references?

Answer: Absolutely do the references. You would be putting your agency at risk if you failed to do so.

In today’s litigious society, it is often difficult to get employers to provide references. Everyone is afraid they’ll some how be sued for telling the truth about a past candidate. As a result, you get the standard name, rank and serial number response. This won’t do. You need to get solid references so don’t be deterred by these kinds of responses.

To get great references, follow these 5 tips:

1. Tell the candidate who you want to speak with and have him identify these people. These could include members of his board of directors, current and past managers, staff, customers, etc.
2. Once you get the names and contact information, tell the candidate to call these people first to tell them that you will be calling. Have them ask the reference to take your call.
3. Offer to call after hours.  If the reference prefers, call the reference at their home.
4. Unless your hiring someone for your Human Resources department, by-pass this department. They have been lawyered up and will never give you the straight scoop.
5. If necessary, utilize a Reference Authorization Form. This is a form, signed by the candidate, authorizing the reference and promising not to sue for providing truthful information.

For an executive level hire, you may also want to go beyond a background check. You may want to do a criminal background check and credit check.

Reference checking is essential to the hiring process. Not doing this exposes the Board and the agency to bad hires and even potential lawsuits.

If you have employee questions, call our HR HelpLine. I provide uncomplicated, operational advice, not legal advice, on how to address difficult employee and organizational issues.

Listen Up! Tips for Giving Great Radio Interviews

(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!

1. 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!
2. 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.

Recruitment: Getting a “Yes” to Every Job Offer

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.

Recruitment: Eleven Strategies to New Employment

(This article was written by Rick Dacri and was originally published in York County Coast Star, May 17, 2012 edition)

Finding a job in this economy is tough, but not impossible. While the media reports about high unemployment and the chronically unemployed and underemployed, companies are still hiring and individuals are getting jobs. There is no magic in the job search process, nor is there an easy route. It requires lots of work, a full time effort, and a bit of luck. By employing these eleven strategies, your job search should be shorter, more productive, and rewarding.

1. Develop a compelling resume: Resumes must highlight your accomplishments. Having a chronology of jobs and tasks doesn’t make it. Employers hire based on what you can do for them and what you can get done. Employers are always thinking, “What can you do for me?” So everything you do in the search process, including writing a resume, must focus on answering that one simple question.
2. Develop an online presence: Simply having a Facebook page will not get you the job.  In fact, it could destroy the chances of landing the job if you have photos of “getting wasted” and shocking posts on your wall. So clean it up fast. Most recruiters are turning to LinkedIn to find candidates, so make it easy for them to find you. Develop a powerful profile; join LinkedIn groups and participate in the discussions; link to companies that interest you and connect with their employees and executives. The best jobs are often obtained when recruiters find you rather than the other way around.
3. Network smartly: Before you get frightened by the image of standing alone in the back of a business after hours networking event and thinking this is how to find a job, forget it. Networking often means talking to people you already know. Ask family members, friends, college professors, and people in the community for job leads. This is an excellent way to land a job. And if they don’t have a job lead, ask them to refer you to someone who might.
4. Identify organizations that interest you: If, for example, you want to find a job in marketing, identify marketing companies or companies that hire marketing professionals. You can easily do this through an Internet search. Once you’ve identified them, learn everything you can about these organizations. Use your LinkedIn connections to try to find the decision maker to contact—and don’t worry about whether they have open positions or not. Talk with them, show them your resume, and ask if they hire people who do what you do. Targeted job search is a very effective way to land a job.
5. Join professional associations: Target industry specific groups, i.e. marketing associations. Talk to the leadership. Volunteer to help. Be active. Let people know you’re looking.
6. Practice interviewing: Interviewing does not come naturally. You must be prepared. Develop likely questions and practice responding with a coach or friend. Practice speaking out loud. Videotape it to see what you look and sound like. Remember, everything you do in the job search is practice for the interview. Great interviewers get jobs.
7. Do your homework: Before you interview, thoroughly research the company and the people who will be interviewing you. Never walk in the door unprepared. Weave into the interview information you have obtained. Show how you can help. Be a solution to their problems.
8. Take control: The hardest part of the job search is having no control. Employers dictate what happens and when. There are, however, things you can do to reverse this. For instance, never leave an interview without knowing what happens next. Don’t accept “we’ll get back to you.” Ask when, and if “it is OK to call next Wednesday at 10AM” as an example. Interviewers rarely say no.
9. Do the extras: Follow up each interview with a thank you note. Rarely do candidates ever do this. During the interview, ask for a tour of the facility. It shows interest and it will provide you valuable insights about the operation and culture. It will also get you the opportunity to talk informally with the decision maker—always a good thing. Offer to demonstrate what you can do, whether it’s analyzing a report, troubleshooting a machine or writing a press release.

10. Show passion: Getting a job is all about attitude. Demonstrate enthusiasm, an excitement about the job and company, and a strong desire and willingness to do whatever it takes to land the job. Believe in your self. A positive approach trumps all the experience in the world.

11. Take care of yourself: Job search is grueling. It is a series of rejections followed by a single “yes.” Focus on your physical and mental health. Eat right, exercise, and get out of the house. Surround yourself with positive people. No “woe is me” allowed.

A reality of the modern economy is that you will be looking for a job several times during your career, so you might as well get good at it. Unfortunately, it is rarely fun. However, employing these strategies should make it easier. Put together your plan, work it smartly and tirelessly, and you’ll land your next job sooner.

Employers: what advice do you have?

Job Seekers: What’s working for you?

Provide your comments below.

 

Rick Dacri

Dacri & Associates, LLC

Radio Interviews: Six Fatal Mistakes

(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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

13 Questions Interviewers Never Want to Hear

 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:

1. How often do you drug test and do you give advance notice? What drugs do you test for?
2. Will you be monitoring the sites I visit on the web?
3. Do you have to check my references?
4. Will you be checking the sex offender registry before making a hire decision?
5. Would it be OK if my mother sits in on this interview?
6. Will you be monitoring my attendance?
7. Would it be OK to bring my kids to work?
8. What’s your policy on concealed weapons? Will I be required to walk through a metal detector to get to my office?
9. Does your educational assistance policy cover anger management classes?
10. Will I be expected to get along with everyone?
11. Is there a waiting period before I can use the EAP?
12. Is their a psych evaluation as part of the pre-placement physical?
13. 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.