Industry Articles
HR Article in Proyecto Magazine
As a small business owner, if you do not hire the right people, you will end up managing harder.As a small business owner, finding the right people to help you successfully grow your company can be a daunting task. Having the “right” people working for you can absolutely make or break your company.
It is easy to get so caught up in the daily tasks of running a business that we do not take the time necessary to think about proper hiring procedures that should be in place. Given the overall cost of hiring and training, it is best that you put high importance on the initial hiring process.
How do you choose the right person? Think about what skills the person should already possess and what skills can be trained. Create a detailed job description that lists all essential duties and responsibilities of that position. It is recommended that you have the employee sign the job description to acknowledge they have read and understand it and can perform the functions that will be required of them.
The job interview is a valuable opportunity to make sure your candidate is the right fit for not only the position, but for your company. Carefully plan your interview in advance and allow sufficient time to properly assess each of your candidates. Thoughtfully prepare a set of open-ended questions pertaining to the essential duties and responsibilities of your position, keeping in mind that it is illegal to ask a persons’ race, religion, national origin, marital status or anything that could be discriminatory, during an interview. Preparation is the key to a good interview. Creating a behavioral and structured interview is the most effective way to find out if the candidate is right for your position.
Second or subsequent interviews give you, as an employer, opportunity to further explore the match between the potential employee and your company. This gives you a chance to see them again and observe their mannerisms and behaviors. Having a second person interview the candidate will also help establish their attitude, experience level and fit in your company. Avoid making a hasty decision out of desperation.
Reference checks are an essential step in the hiring process. Employers should be able to demonstrate they have made reasonable efforts to check references. Document the date and who you talk to when you complete a reference check. Many companies will only confirm dates of employment and titles. However, you should strive to find out as much as possible about your candidate’s attitudes and prior work history, and to verify that they actually have the credentials on their resume. Even though some states like Florida have a Reference Immunity, you could still end up paying money later to defend that, should the hired employees have previously demonstrated violent tendencies that could have been discovered through reasonable efforts.
What if corrective action is necessary? The corrective, or disciplinary, action process is an essential management tool to ensure your company’s needs are met. Unnecessary lawsuits can be avoided by having proper documentation of any such action.
Every company should have a written employee handbook. Written policies and procedures are crucial to protect your company from legal problems. A proper handbook is a good communications tool for your staff. Communication is the key to solving day to day work problems. The handbook should contain up-to-date rules and expectations, provide basic information on the work environment, such as work hours and personal phone calls, as well as explain benefits to employees. A professional employer organization, like Progressive Employer Services, can assist with wording in your handbook or even customize a handbook for your company.
Disciplinary action must be consistent to avoid a discrimination claim. Be aware of an employee’s legal rights so you do not discipline for legally-protected activities, such as absenteeism under the Family and Medical Leave Act and the Americans with Disabilities Act.
The offense or alleged violation should be thoroughly investigated and any corrective action taken should be timely and reasonable. Effective documentation should always be kept, even if a verbal reprimand was given to the employee. Document the facts, which would include the date, time, location and nature of the occurrence. If the violation is not a cause for immediate dismissal, develop a course of action for the employee.
When written warnings are warranted, they should be presented to the employee with a witness present. It should specifically outline the offense and include a warning that further violations will result in suspension or dismissal. The warning should be signed by the employee to acknowledge receipt. When the employee refuses to sign, the witness should sign and note that the employee refused to sign, as well as note the reaction of the employee. Documentation really cannot be overemphasized.
With a well thought out management plan, you will be able to hire and retain the best employees, avoid potential costly mistakes and run your business more effectively and efficiently.
Carlos Delgado, PEMCO. Contributing author: Heather Ripley
HR Article in Proyecto Magazine
As our businesses grow, so do our labor forces. With the increased number of employees, we also feel the increased need for employee relations knowledge – just look at the number of billboards advertising for legal support in the workplace. However, keeping up with the large number of ever-changing regulations can easily begin to monopolize our time.
Human Resource professionals are presented with new situations every day. Not to mention the fact that laws relating to Human Resources change constantly. Since July, the state of Florida has already seen a new Domestic Violence policy put in place, as well as an increase in the Federal Minimum Wage.
The Department of Labor, Wage and Hour division has experienced a heavier volume of complaints regarding improper pay of employees. Wage and Hour lawsuits are on the rise, especially in the state of Florida. Of all the Wage and Hour lawsuits filed in the United States, over 50% originate in Florida.
Many businesses today do not realize they are required to maintain time keeping records for all non-exempt employees for up to three years. Business owners are required to prove they have paid their employees for all hours worked, and time keeping records should match the paycheck with minimal errors. If the business owner has a time keeping system in place, a wage and hour audit will not be as labor intensive or costly, should an audit occur.
Another critical aspect of Human Resources is the verification of an employee’s eligibility to work in the United States. All applicants must show proof of their employment eligibility and complete the required I-9 form. The I-9 must be completed within three business days of hire. In addition, the employer is required to complete Section 2 of the I-9 form, verifying documents which establish identity and employment eligibility.
All employers are directly affected by unemployment claims filed by former employees. Although Florida is an “At Will” state, meaning an employer can hire and fire with or without cause as long as it is not discriminatory, the reason for separation does affect an employee’s eligibility for unemployment compensation. In cases of discharge for misconduct, the state looks for substantiation regarding the final incident and any prior warnings indicating to the employee that his/her job was in jeopardy. Substantiation in the form of written documentation is most effective.
These are just a few examples of the importance of Human Resource knowledge in the workplace. Unfortunately with our changing workforce, we must be prepared for unpredictable situations involving our employees. Having the resources available to support these situations is invaluable. The use of Human Resource professionals will not prevent incidents. However, it will ensure liability is kept to a minimum and that proper policies and procedures are followed.
Carlos Cardenas, PEMCO. Contibuting authors: Laura Martin and Jean Raskin, PHR.