1. How to Catch and Release Employees— The Right Way SHRM 2011 Conference Rosemary Fornshell, CSI retired Rosemary Fornshell, CSI retired

2. THE CATCH: The Hiring Process Practical Skills for Human Resource Professionals

3. HR Mission Statement The Mission of the Human Resources Department is to Recruit, Develop, and Retain the High-Caliber, Diverse Workforce Necessary for your Business to Achieve Its Mission And Goals.

4. Quality Candidates Defined Position Critical Competencies Job Analysis Training and development Valid Assessment: Improved job/person match Realistic Job Preview

5. Defining Today’s Jobs OLD Knowledge, skills, abilities Jobs defined as “bundles of tasks” Employees perform strictly definable tasks NewCompetencies Jobs defined by competencies Jobs are flexible

6. Keys to Success Up-to Date Classification Criteria Job Related Qualifications Targeted Recruitment Valid Assessment

7. Resumes from? Resumes from? Response to Ads Career Builders Web Site Internal Transfer Request Career Fairs Other?

8. Bad Hire Lacks Skills to do the job Not my job syndrome Part of the problem Not the solution Un- Professional Not team Player Problems with co/workers

9. Ideal Candidate Able & Suitable Willingness Problem Solving Abilities Professional Behavior & Demeanor Manageability & Teamwork

10. Personal Profile Drive: A desire to get things done. Goal-Oriented. Motivation: Enthusiasm and willingness to ask questions. Does extra on every job. Communication skills: The ability to talk and write effectively to people at all levels. Chemistry: Gets along with others, A team player. Energy: Someone who goes the extra mile, pays attention to detail, looks for solutions. Determination: Does not quit when a problem gets tough. Confidence: Not arrogant. Poise. Friendly, honest and open to employees high and low. Not intimidated by management, nor overly familiar.

11. Professional Profile Reliability: Following up, not relying on anyone else to ensure the job is well done, keeps management informed. Honesty/Integrity: Taking responsibility for own actions, Good and bad. Pride: Pays attention to details all jobs done to best of their ability. Dedication: Whatever it takes in time and effort to see a project through to completion. Analytical Skills: Weighing the pros and cons. Weighing the short- and long term benefits against all possible negatives. Listening Skills: Listening and understanding, as opposed to waiting your turn to speak.

12. Structured Interview Contains interview questions for both general and technical competencies. Modular format; Department determines which questions to ask. Benchmarks are used in scoring responses.

13. Goals of Structured Interview To ensure a systematic coverage of applicants. To provide a technique for gathering all the relevant facts. To provide a uniform strategy that objectively evaluates all job candidates. To determine candidates ability, willingness, and manageability.

14. What are the five most important skills of the job? The Job description Skill 1Skill 2Skill 3Skill 4Skill 5

15. Develop questions covering each area Interview Questions Skill 1Skill 2Skill 3Skill 4Skill 5

16. Ways not to conduct an interview Interviewers desk is cluttered, looks at the resume 5 minutes before the interview. Constant interruptions, phone calls Starts off with negative aspects of the job. Asks a long line of open ended questions. Makes up questions as they go along.

17. The Job Interview Situation Have as much privacy as possible Call applicant by name when inviting them into the office Ensure that the applicant knows your name Greet the applicant courteously and sincerely Make the applicant feel that you are pleased with their interest in the position Establish an informal but business like atmosphere

18. Make the applicant feel important Talk to the applicant as though you were the only contact he would ever have with the employer Compliment a good employment record Interrupt the conversation to keep interview on track Use active listening skills Relax and the applicant will relax Keep information given, confidential

19. Remember the applicants time is valuable Watch for gaps in work record Use application blanks and other data in planning the interview Make an outline in advance, of the main items of information you want to obtain during the interview Plan the time required for interview

20. Don’ts Interview when worried, upset, ill or under stress Hold the interview in a noisy place Keep applicants waiting unnecessarily Give the impression of being abrupt or harsh Allow outside interruptions Seek information you already have

21. Antagonize the applicant Show emotion at any physical handicap Hurt the applicant’s feelings or destroy his faith in himself Forget that the applicant is sensitive to every word the interviewer speaks Appear to loose interest in the interview Pry into personal lives Break or delay an appointment Waste time on a long interview if the applicant is clearly not suitable

22. The Interview Greet the applicant. Start the interview promptly. Open with a warm, genuine greeting and firm handshake. Offer the applicant something to drink. Outline the interview. Give the applicant an overview of the process, length of the interview and what to expect after the interview. Give the applicant a realistic job preview. Research suggest that realistic job previews increase employee retention because the applicant gets honest information at the beginning of the process. Present the applicant with a copy of the job description, physical requirements of the job and a list of the responsibilities of the position.

23. Equal Employment Opportunity Laws Title VII of the Civil Rights Act of 1964 (Title VII) forbids employment discrimination based on race, color, religion, sex, or national origin; Title VII of the Civil Rights Act of 1964 (Title VII) forbids employment discrimination based on race, color, religion, sex, or national origin; The Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. The Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older against age based discrimination. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older against age based discrimination. Title I of the Americans with Disabilities Act of 1990 (ADA) forbids employment discrimination against qualified individuals with disabilities. Title I of the Americans with Disabilities Act of 1990 (ADA) forbids employment discrimination against qualified individuals with disabilities. The Civil Rights Act of 1991 provides monetary damages in cases of intentional employment discrimination. The Civil Rights Act of 1991 provides monetary damages in cases of intentional employment discrimination.

24. Questions that are illegal Questions regarding religion, church, synagogue, or parish, the religious holidays you observe, political beliefs or affiliations. “Does your religion allow you to work on Saturdays?”

25. If Job Requirement May Ask “This job requires work on Saturdays. Is that a problem?”

26. Questions that are illegal Regarding ancestry, national origin, or parentage; in addition, you cannot ask about the naturalization status of parents, spouse or children. Regarding place of birth.

27. May Ask “Are you authorized to work in the United States?” “Are you authorized to work in the United States?”

28. Questions that are illegal May not ask about your native language, the language you speak at home, or how you acquired the ability to read, write, or speak a foreign language. “You indicated on your resume you are fluent in German, French and Spanish. How did you manage to learn all of those languages?”

29. If required for the Job may ask “What languages are you fluent in”

30. Questions that are illegal May not ask about age, date of birth, or the ages of children. May ask whether you are over eighteen years of age.

31. Questions that are illegal May not ask about maiden names or whether you have changed your name; marital status, number of children or dependents, or spouse’s occupation; or whether (if you are a woman) you wish to be addressed as Miss., Mrs., or Ms.

32. May ask How would you like to be addressed (a common courtesy) and if you have worked for the employer before under a different name.

33. Questionable Interview Questions In a scene from the first episode of The Mary Tyler Moore Show, Lou Grant is interviewing Mary for a job. In a scene from the first episode of The Mary Tyler Moore Show, Lou Grant is interviewing Mary for a job. Lou: So, Mary, what religion are you? Lou: So, Mary, what religion are you? Mary: You can’t ask me that, Mr. Grant! It’s against the law. Mary: You can’t ask me that, Mr. Grant! It’s against the law. Lou: Wanna call a cop? Lou: Wanna call a cop?

34. Pitfalls to Avoid In order to gain information without asking specific questions, many interviewers use the “tell me about yourself” approach, hoping that the applicant will tell all about spouse, kids, working on weekends, and so on.

35. Dangers of this approach Say the applicant is a woman who tells the interviewer she is divorced and has children. Another person is hired—perhaps equally qualified who is single. The first applicant, desperate for the job, becomes angry and files a complaint saying that the employer learned during the interview that she was divorced and had children and was not hired for that reason.

36. Even though the interviewer did not ask for the information, the fact is, the information came to light during the interview. If she files suit, it is then up to the employer to prove that the information was volunteered and not used as a basis of discriminatory actions, It is the interviewer’s responsibility and in the employer ‘s best interest that you stop the applicant from volunteering illegal information.

37. What to do when illegal information is out First, stop the flow of information and tell the applicant not to bring up the subject again. Courteously explain that the employer does not base its hiring practices on that particular subject area. Specifically state that a decision to hire is never based on age, gender, race, or whatever subject was brought up.

38. Don’t assume…ask specifics “We are open to the public from 8:00 a.m. to 5:00 p.m., and because of a small staff, it’s important that everyone be here daily and on time. Is there anything that would prevent you from being at work on time and on a regular basis?“ “We feel that the first six months on the job is your training period. Because of the expense and time invested in our staff we are looking for people who give the employer a commitment in return. Is there anything that would prevent you from staying with the employer for a minimum of two years?”

39. Caution Be sure the requirements are reasonable and required of each applicant for the particular job. If a job takes one to two weeks of training, and the typical employee rarely stays over six months, we could be on shaky ground with the EEOC if your excuse for not hiring someone was the expectation tat they would be transferred with a spouse within a year, particularly a spouse in the military service. If a job takes one to two weeks of training, and the typical employee rarely stays over six months, we could be on shaky ground with the EEOC if your excuse for not hiring someone was the expectation tat they would be transferred with a spouse within a year, particularly a spouse in the military service.

40. General Rule Ask everyone the same, job-related questions and you’ll have little to fear if a rejected candidate has a legal bone to pick with your hiring practices.

41. …And Release- Letting Employees Go

42. “Hire slowly, fire quickly”

43. Performance Problems What’s the cause of the performance problem? –skill, motivation, ability, obstacles What’s the appropriate solution? –training –job design –rewards –transfer –termination

44. Modifying Behavior Identify behavior you want to stop/encourage Analyze reinforcers Identify obstacles to desired behavior Clarify performance expectations Obtain agreement Follow-up and: –Coach continuing problems –Reinforce correct behavior

45. Progressive Discipline Investigate and document problem Oral warning Written warning Suspension (or final warning) – – Termination Severe infractions lead directly to termination

46. Fear of Firing Terminations are the single largest reason for employee lawsuits. Why? Fear of a wrongful discharge suit paralyzes some employers Don’t employers have a right to employ who they want?

47. Employment at Will Doctrine Employer may terminate employment for good reason, poor reason, or no reason at all –except discrimination on protected characteristics or retaliation for exercising legal rights Employee has the same right 60-65% of employees fall in this category

48. Employment at Will: Exceptions Breach of contract –Collective bargaining agreements –Literal or Implied contracts Duty of good faith/fair dealing Public policy –Refusing to violate law –Retaliation

49. Fairness in Firing Ultimate issue: Will your decision be judged to be fair? –To the employee affected –To coworkers –To a jury (or arbitrator)

50. Why Terminate Employees? For Cause –What about off-the-job behavior? Reductions in force

51. Alternatives to Termination TransferRestructureNeutralize Encouraging employee to resign

52. Transfers When appropriate? –Employee has valuable skills that can be applied elsewhere –Performance problems won’t affect new position –Easier in larger and “richer” firms New supervisor should be fully appraised

53. Restructuring Same basic guidelines as for transfers More likely in good times and labor shortages Employee involvement particularly important

54. Neutralizing When you want to fire…. but can’t Restructuring work so negatives have least impact on you, coworkers or customers –Ensuring that employee “is no longer in the way of employees who are productive for the company”

55. What About Encouraging Employee to Resign? Can be useful if employee voluntarily quits because they realize their behavior won’t be tolerated But beware of constructive discharge

56. Firing Summary-I What warrants termination? –Chronic Performance Problems –Absenteeism –Dishonesty –Insubordination –Substance abuse?

57. Firing Summary-II Clarify employment at will –Disclaimers in hiring process –Check/revise policy manual Avoid appearance of wrongful discharge –Base decision on business issues –Use progressive discipline –Be consistent

58. Something to remember.. Know when to get yourself into an organization, and when to take yourself out…if you don’t, someone will do it to you. –Peter Drucker

59. Sources University of Texas Human Resources Legal Issues In Human ResourcesLegal Issues In Human Resources from Slideshare.net Legal Issues In Human Resources