Key Takeaways from Avoiding HR Landmines: How to Hire and Fire Without Getting Burned June

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)

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