Key Takeaways from “Avoiding HR Landmines: How to Hire and Fire Without Getting Burned” – June 2, 2016

Nonnie Shivers, Ogletree Deakins

Shawn Ellis, Lovitt and Touche

Lisa Dean, State Bar of Arizona (Moderator)

Application Process: Best Practices

  • Update your EEO Policies and applications to reflect new protected class categories:
  • Do not ask about Genetics, e.g., familial history of conditions
  • Do not ask questions that relate to sexual preferences, e.g., LGBT: numerous local laws apply, so check your city/county as well as state and federal laws
  • Questions about arrests should not be part of application. You may ask about convictions, but need to include this statement: “You will not automatically be disqualified from being hired for the position due to a felony conviction”.
  • Do not ask for birthdate, including high school and college graduation dates
  • Do not ask about marital status, including asking to select Ms. vs. Mrs.
  • Do not ask for social security number
  • You may ask if the employee is bound by an agreement with the previous employer including non-compete agreements.
  • Preserve all applications and related materials for at least one year, best practice is two years.

Interviews

  • Have a set list of interview questions that you ask each applicant
  • Peer interviews may be used to assess employee fit with the team, so long as consistently used with applicants

Assessments

  • There are a number of standardized assessment tools, provided in a handout
  • You may use Realistic Job Previews, wherein you have the candidate observe the person now in the position for an hour and a half, to help the candidate determine if this job is right for him/her

Onboarding

  • Formalize onboarding process to include a list of everything you want the new employee to know

Performance Documentation and Termination

  • Train your supervisors to document performance issues accurately to “tell the story”
  • If you put an employee on notice, be clear as to what employee must do in a specific time frame and the consequences
  • Although Arizona is an employment at will State, employees may create reasons for their termination. Your consistent documentation of performance reviews will be important
  • Be consistent in how you manage all employees
  • Technically, Arizona law only requires that you give a terminated employee an unemployment benefits brochure; and, you must issue the last paycheck within seven days of termination
  • Because employee suits may occur even years later, best to retain records of employee performance reviews and information on terminations

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