How to Prevent a Bad Hire
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The document outlines strategies to prevent bad hires, emphasizing the importance of clearly defined job descriptions and understanding essential functions of roles. It discusses legal considerations under the Americans with Disabilities Act, the necessity for reasonable accommodations, and effective recruitment practices. Additionally, it suggests thorough interviewing and screening processes, including post-offer physical tests to ensure candidates' capabilities and minimize costs associated with worker's compensation.
How to Prevent a Bad Hire
- 1. How to Prevent a Bad Hire 1 Presented by Lawley Disclaimer: The advice offered in this webinar is purely suggestion. Legal counsel should be consulted before making any decisions.
- 2. Presenters 2 Amy Schleifer, ARM Senior Claims Management Consultant 716.849.1575 aschleifer@lawleyinsurance.com Andrea Dickerson, PHR Human Resources Manager 716.849.8251 adickerson@lawleyinsurance.com
- 4. What are you looking for? 4 –A temp? –Part time? –Full time? –Someone with experience? –A recent graduate? Know your “must haves” and stick with your plan
- 5. Be Specific 5 • Have up to date and thorough job descriptions • Clearly outline minimum requirements – Lifting 20 Ibs. – Climbing 20 ft. ladders – Frequent bending • Reference them throughout the process • Ensure essential functions of the job are not only listed, but fulfill business needs
- 6. Occasional vs Frequent vs Constant 6
- 8. Americans with Disabilities Act 8 The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. “Do you require any special accommodations to perform the essential functions of your position?”
- 9. Equal Employment Opportunity for Individuals with Disabilities 9 Title I is designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Employers must provide reasonable accommodations to qualified applicants or employees. A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions. Employers with 15 or more employees must comply with this law.
- 10. Examples 10 • If an accountant breaks their leg and they are no longer able to bring deposits to the bank, can they still perform the essential functions of their job? – Yes, analyzing, reporting and calculating are essential functions of their job. Driving the deposit to the bank is not and can easily be performed by someone else. • If a construction worker hurts their back, and can no longer lift, bend, twist or kneel are they able to perform the essential functions of their job? – No, a construction worker’s essential functions include lifting, bending twisting and kneeling.
- 11. Recruiting 11
- 12. Vacated Roles 12 • If the role has been vacated – why didn’t the last person work out? • Even if they left on good terms, what did you always wish was different about them? • What traits do successful people in this role possess?
- 13. Know Your Selection Pool 13 Where will you find the best fit? –Competitor? –Promote from within? –Professional association? –College Campuses? –Online networks?
- 14. Ask for Employee Referrals 14 Your employees often know what works best for your company – ask who they know – Past colleague? – Someone within their professional network? – Former classmates?
- 15. Interviewing 15
- 16. Interview Right 16 • Where’s the best place to start? – Phone screen? – Face to face interview? • Formulate the best questions for that role and your company • Listen to what the candidate says, ask the right follow up questions
- 17. Be Inclusive 17 • Gain buy-in from the key players – include the managers, front line internal customers, etc. to collectively determine fit • Be careful though, could be a potential pitfall – don’t have too many cooks in the kitchen
- 18. Look Outside the Interview 18 • Are they easy to work with when setting up interviews? • Do they follow up on time? • What kind of questions are they asking HR?
- 19. Be Thorough 19 • Use hiring tools if available • Always check references • Really think about their actions and words from the interview • Get feedback from someone who knows the position well
- 20. Why Be Thorough? 20 New York State Worker’s Compensation faced an increase of 9.3% for 2017 • Employer’s substantial costs are: – Salary – Benefits – Worker’s Compensation
- 22. Post Offer/Pre-Employment Test (Physical) 22 • All job classifications must be consistent – no picking and choosing of who pre- tests • The physical test must be an accurate representation of the job – If lifting of 25 pounds is required, test cannot be lifting 75 pounds
- 23. Post Offer/Pre-Employment Test 23 • Post offer testing accomplishes two things: 1. Keeps employees from needless physical harm 2. Keeps employer from needless cost of that harm – Worker’s Compensation Claim – Overtime of others – Temporary replacements – Training • In addition, job offer is contingent upon successful completion of (drug, background, etc.)
- 24. Post Offer/Pre-Employment Test 24 Post offer screening is to ensure the candidate has the physical capabilities to perform the job they have applied for, not to exclude individuals from employment
- 25. $53,000 That’s the average cost of a workers compensation lost-time case 25
- 26. Make the Final Decision 26 Ask questions like: –Can they do this job? –Will they fit in with our team and organization? –What is the likelihood they will stay with our organization? –What is the likelihood they will be successful?
- 28. Procedures 28 • Post medical leave (Disability or Worker’s Compensation) – Ensure fitness for duty is clear – Include job description for doctor's sign off • Follow HR procedures for performance issues – eliminates retaliation risk and potential for worker’s comp claims
- 29. Next Steps 29 • Evaluate employees during probationary periods to ensure work is being done well and safely • Are your work stations ergonomically friendly? • Consult with Legal Counsel or Employment Practices Attorney
- 30. Other Resources 30 Ron Adamczak Loss Control Consultant 716.849.1515 radamczak@lawleyinsurance.com Nick Getty Loss Control Consultant 716.849.4341 ngetty@lawleyinsurance.com Loss Control MyWave Your one-stop source for insurance, risk management, compliance, HR, safety, wellness and other business needs. A value-added service offered by Lawley Danielle Jindra-Gefert Sales & Marketing Team Leader 716.849.8218 dajindra@lawleyinsurance.com
- 31. 31 Questions?
- 32. Thank you! 32
Editor's Notes
- #11: Question – “Do you need to bring someone back that has scheduled loss of use and can’t do the job?” - No
- #13: Motivation, creativity, personality traits, etc.
- #17: Include open ended questions and safety based question – “How might you operate the mixer?”, “How might you relocate pallets of xyz?” Is the candidate talking about safety guards, checking for power (lock out/tag out)? Do direct comparison with resume vs application; ask about gaps, variances in dates etc.
- #20: Trust your gut – if something seems off, dig deeper or pursue other candidates. Don’t rush the process and make a mistake.
- #21: Worker’s Comp- arguably the easiest component to control proactively
- #24: Discuss Ban the Box – illegal question on the application
- #27: Remember – trust your gut Their presentation during recruitment is usually their best