Hiring Best Practices and

Legal Pitfalls

DPLE 281

October 5, 2016

RLI Design Professionals is a Registered Provider with

The American Institute of Architects Continuing Education Systems.

Credit earned on completion of this program will be reported to

CES Records for AIA members. Certificates of Completion

for non-AIA members are available on request.

This program is registered with the AIA/CES for continuing professional education.

As such, it does not include content that may be deemed or

construed to be an approval or endorsement by the AIA of any material

of construction or any method or manner of handling, using,

distributing, or dealing in any material or product. Questions

related to specific materials, methods, and services will be

addressed at the conclusion of this presentation.

Copyright Materials

This presentation is protected by US and International

Copyright laws. Reproduction, distribution, display and

use of the presentation without written permission

of the speakers is prohibited.

© RLI Design Professionals

Course Description

Recruiting, hiring, and integrating new employees has always presented challenges and risks.

With over 2,000 employment related claims filed on an average workday, implementing carefully considered hiring, integration, and termination policies is an important risk management strategy for your business.

Learning Objectives

Participants in this session will:

�Evaluate the elements of the hiring process and the associated risks

�Understand the role and challenges of using social media in the hiring process

�Consider when a trial or probationary period may be appropriate

�Review appropriate steps to take in terminating an employee to help avoid claims

Guest Presenter

Courtney RansomAVP Organizational Development

Elements of the Hiring Process

& Associated Risks

Sourcing Candidates

Candidate Search

Online Job Board

3rd Party Recruiter

Employee Referral

Internal Posting

Passive Recruiting

LinkedIn “Mining”

Application – What to Ask?

Don’t

Age, DOB, Gender, Race, Religion,

OriginPhysical Traits

Medical Conditions or Disabilities

Arrests and/or Criminal

Convictions

Credit History or Garnishment

Citizenship, Smoking/Drug Use, Union Membership

Do

NameCurrent/Past

AddressContact Info

Past Position & Reason for

LeavingPast Salary

Education (if required)

Hiring Source

Position, Desired Salary,

Availability, References

Interviewing

Craft Job Description

Review Applications

Interview Questions

• Tied to Description

• Consistent

• Behavioral

Interviewing Risks

Writing on resume

Making promises

Protected categories

Candidate Selection

Golden

Rule

Protected Categories

Internal Postings

Every employment decision is based on legitimate business-related concerns

Candidate Selection

Race Color Religion

GenderNational

OriginAge

Protected Categories

Employment Offer

Offer Letter

• Contingent or Final?

• Key Inclusions

• At-Will Language

Acceptance

• Get it in writing!

**Every state is different**

Background & Reference Checks

Ba

ckg

rou

nd • Criminal

• SSN

• Employment Verification

• DMV

• Credit Check

• Drug ScreenR

efe

ren

ce • Authorization Forms

• Contacting current employer

• “Backdoor” Reference Checks & Social Media

Role of Social Media

Social Media Uses & Risks

77% Use to Recruit 22% Use to Research

Pre-Employment Screening Tool

Protected Class Info

Hiring Process

Maximize Benefit & Reduce Risk

Never Ask for Passwords

Have HR Do It

Look Later

Be Consistent

Document Decisions

Consider the Source

Be Aware of Other Laws

Trial or Probationary Options

When It’s Helpful & When It’s Not

Helpful

• Union/collecting bargaining situations

• Consistent treatment

• Same employment law rights

• Still have benefit waiting periods

Not So Helpful

• Complicates At-Will Doctrine

• Hard to identify performance difference at Day 90 vs Day 91

• Semantics of “probationary”

• Not an “out” to not-manage new hires

Onboarding as an Alternative

If you have a strong onboarding process, you shouldn’t need a probationary period.

• Include benefits and other paperwork in automated process

New Hire Package

• Address concerns early & increase likelihood of retentionCheck-In Process

• Consistent experience for all employees

Systematic Approach

Terminations

Best Practices

Best Way

Performance Management

Progressive Discipline

Documentation

Know State Specific Laws

• Don’t hire problematic employees

• Critical pillar

• When coaching doesn’t work

• FOSA

• Final wages

This concludes The American Institute of Architects

Continuing Education Systems Program

Alayne McDonald, Professional Development Coordinator

Alayne.McDonald@rlicorp.com

Abbey Brown, Client Solutions Manager

Abbey.Brown@rlicorp.com