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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.
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
Identify Your Needs
3
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
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
Occasional vs Frequent vs Constant
6
Follow the Law
7
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?”
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.
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.
Recruiting
11
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?
Know Your Selection Pool
13
Where will you find the best fit?
–Competitor?
–Promote from within?
–Professional association?
–College Campuses?
–Online networks?
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?
Interviewing
15
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
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
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?
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
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
Post Offer/
Pre-Employment
21
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
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.)
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
$53,000
That’s the average cost of a workers compensation lost-time case
25
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?
Miscellaneous Tips
27
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
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
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
Questions?
Thank you!
32

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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.
  • 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?
  • 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

Editor's Notes

  1. Question – “Do you need to bring someone back that has scheduled loss of use and can’t do the job?” - No
  2. Motivation, creativity, personality traits, etc.
  3. 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.
  4. Trust your gut – if something seems off, dig deeper or pursue other candidates. Don’t rush the process and make a mistake.
  5. Worker’s Comp- arguably the easiest component to control proactively
  6. Discuss Ban the Box – illegal question on the application
  7. Remember – trust your gut Their presentation during recruitment is usually their best