This document discusses the five parts of an employee's lifecycle within a company: 1) recruitment and talent acquisition, 2) assessment/selection/onboarding, 3) training and development, 4) performance management, and 5) termination. It focuses on the first part of the lifecycle, recruitment and talent acquisition, covering why a company may be hiring, creating job descriptions, compensation issues, posting jobs, recruiting candidates, and screening resumes. The document saves further discussion of assessment/selection/onboarding for a future date. It concludes by providing contact information for the law firm, Polsinelli, that authored the document.

1. Polsinelli PC. In California, Polsinelli LLP
The Lifecycle of the Employee
Eric E. Packel, Christopher C.
Swenson, Erin D. Schilling, Robert
E. Entin

2. real challenges. real answers. sm
The Lifecycle of the Employee
A. Five Part, Year Long Series
1) Recruitment and talent acquisition
2) Assessment/selection/onboarding
3) Training and development
4) Performance management
5) Termination

3. real challenges. real answers. sm
Recruitment and Talent Acquisition
Why are we hiring?
The Job Description
Compensation issues/surveys
Posting
Recruiting
Résumé screening

4. real challenges. real answers. sm
Why Are We Hiring?
Was someone terminated?
or
New position?

5. real challenges. real answers. sm
Terminated Employee – Lessons Learned?
What went wrong/“Internal Review”:
– Training
– Communications with Employee
– Progressive discipline
– Supervisor/pattern

6. real challenges. real answers. sm
Terminated Employee – More Lessons
What went wrong/employee focus
– Could employee perform essential functions?
– Were functions really essential?
– How to determine they were essential?
Who was terminated?
Liability concerns

7. real challenges. real answers. sm
The Job Description
Practicalities/Basics
Expectations
– Compensation, ranges
– Educational requirements
– Essential functions
– Classification

8. real challenges. real answers. sm
Compensation Issues/Surveys
Should you?
Cost effective?
Legal impact?
OFCCP/Affirmative Action interplay?

9. real challenges. real answers. sm
The Application
Practicalities
– EEOC statement
– Position applied for
– Hours of availability
– Past experience
– Educational background
Pitfalls
– Age, Gender, Race, etc.
– Arrest, conviction records
– Garnishment history
– Background checks
– FCRA

10. real challenges. real answers. sm
Job Posting
Internal
External
Similarities to Application:
– EEOC statement
– Hours
– Educational requirements
OFCCP job listings
CBA requirements?
– Reassignment obligation

11. real challenges. real answers. sm
Recruiting
“Internal Recruiters”
– Reassignment awareness
– OFCCP obligations
– Managers/Supervisors who recruit
– Again, reassignment awareness
Third-party recruiters
– OFCCP obligations

12. real challenges. real answers. sm
Recruiting/Social Networking
Facebook, LinkedIn, Instagram, Twitter
– Do you or don’t you?
– Knowledge of protected characteristics
Religious view, disabilities
– Notice to Applicant?

13. real challenges. real answers. sm
Résumé Screening
Who does it?
– Training or screening
Note-taking
Stick to the facts

14. real challenges. real answers. sm
Summary
How we got here
Job Description
Compensation issues/survey
Application
Posting
Recruiting
Résumé screening

15. real challenges. real answers. sm
What Next?
Assessment/Selection/Onboarding
– Screening devices
– Testing
– Orientation
– Arbitration Agreements
– Restrictive covenants
– Protecting intellectual property
– Employee retention
– ADR process
Save the date March 3, 2015.

16. real challenges. real answers. sm
Polsinelli PC
Polsinelli, a national law firm ranked among the Am Law 100 with over 740
attorneys located in 19 offices, deliberately seeks constant improvement in all
that we do. At its inception more than forty years ago, the firm established a
culture of openness and entrepreneurship that still pervades today. As the
fastest growing U.S. law firm for the past six years as ranked by The American
Lawyer*, the firm’s growth has been fueled by the recruitment of like-minded
attorneys from top law firms across the country.
Polsinelli attorneys successfully build enduring client relationships by providing
practical legal counsel infused with business insight, and with a passion for
assisting General Counsel and CEOs in achieving their objectives. The firm
focuses on healthcare, financial services, real estate, life sciences and
technology, and energy and business litigation, and has depth of experience in
100 service areas and 70 industries.
*The American Lawyer 2013 and 2014 reports

17. real challenges. real answers. sm
Contact Information
Polsinelli PC
www.polsinelli.com
Nancy Rafuse, Esq.
nrafuse@polsinelli.com
***
Eric Packel, Esq.
epackel@polsinelli.com

18. real challenges. real answers. sm
Polsinelli provides this material for informational purposes only. The material
provided herein is general and is not intended to be legal advice. Nothing
herein should be relied upon or used without consulting a lawyer to consider
your specific circumstances, possible changes to applicable laws, rules and
regulations and other legal issues. Receipt of this material does not establish
an attorney-client relationship.
Polsinelli is very proud of the results we obtain for our clients, but you should
know that past results do not guarantee future results; that every case is
different and must be judged on its own merits; and that the choice of a lawyer
is an important decision and should not be based solely upon advertisements.
© 2014 Polsinelli PC. In California, Polsinelli LLP.
Polsinelli is a registered mark of Polsinelli PC