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Hiring

Set clear rules for initial employment period

03/30/2009

Sometimes, it’s obvious early on that a new employee isn’t working out. Firing such an employee won’t cause legal trouble as long as you based the call on previously set performance standards, job-related testing or some other impartial evaluation process.

Refer to the rule book: Hiring and promotion policies belong in your employee handbook

03/26/2009

Employers with a good employee handbook that explicitly sets out the rules for handling hiring, promotions and raises have a huge advantage if there’s ever a complaint that those processes have been unfairly applied. Clearly written policies are one great way to counter the “he told me” claims …

Could an offer letter compromise at-will employment?

03/26/2009

Q. Is it wrong to ask new hires to sign job-offer letters? We ask for a signed copy as part of documenting that they were informed that employment was “at will.” Is this inadvisable?

Promoting? Avoid any appearance of favoritism

03/26/2009

Choosing which of your employees to promote is always difficult, since at least one employee will be disappointed. That can lead to friction or even a lawsuit. That’s why it’s crucial for the entire process to look—and be—as transparent as possible. You simply must avoid any appearance of favoritism.

‘Overqualified’: Legit phrase or lawsuit bait?

03/26/2009

With unemployment at its highest level since 1983, many applicants have far more experience and education than the job requires. But be alert: Advise hiring managers to avoid using the term “overqualified” in front of job candidates or in any written description of them. Rejected applicants could view the term as an age-related code word, thus sparking an age discrimination lawsuit.

The HR I.Q. Test: April ’09

03/24/2009

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Offering a job? Do it the legal way

03/24/2009

When it comes to making job offers, your hiring managers could be inadvertently locking your organization into an employment contract with the new hire. It’s a common mistake, and only a few words can send you down the wrong path. Follow these six do’s and don’ts when offering a job:

Can we ask applicants to take a TB test?

03/24/2009

Q. We’re aware that tuberculosis is on the rise. Can we ask applicants—and employees—to take a TB test? What about interns and volunteers? (We operate a substance abuse center.)

Study reports effects of state nurse staffing ratios

03/20/2009

The nonprofit California HealthCare Foundation (CHF) has concluded that California’s minimum nurse-to-patient requirement has had little direct effect on the quality of care. The goal of the minimum staffing ratios, implemented in 2004, was the improvement of patient outcomes.

Make sure all medical tests you require are truly job-related and necessary

03/20/2009

Watch out! Some tests you use to see whether employees or applicants are suitable for a job could screen out individuals with disabilities. You could wind up in court defending against an ADA claim.