Tools for Successful Selection

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Tools for Successful Selection

• Job Application Forms

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What Should be Included?

• Employers can ask anything that will help them
  make a better hiring decision
• but burden of proof is on employer
• Job/organizational analysis should provide one
  basis for content
• Some questions are better after hiring
• Include a disclaimer/waiver

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Developing Your Own Form

• All questions should be reviewed for
• job relevance
• conformance with state laws
• Consider customized forms for different jobs

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Using Application Data

• Traditional subjective approach
• Training and Experience Checklists
• Biodata approach (WABs, BIBs)
• Information in application forms can be scored
• Weighting formula can be used to create a score

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Weighted Application Blanks

• Information on existing application blank is
  scored and relationship of each item to criterion
  is determined
• Only the relevant items are used (and weighted)
  to create WAB score

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Biographical Information Blanks

• Biodata questionnaires are developed to measure
  demographics, experiences, interests, attitudes
  of applicant
• Broader, longer, and more rational than WABs
• Only items predicting job performance are
  included in final, weighted score

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Tools for Successful Selection

• Background and Reference Checks

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Basic Assumptions

• Past behavior is a good predictor of future
  behavior
  
  
  
  
  
• Employer has a responsibility to assess past
  behavioral problems

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Negligent Hiring

• A violation of an employers common law duty
  to protect its employees and customers from
  injury by hiring an employee it knew (or should
  have known) posed a threat of risk.

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Criteria for Negligent Hiring

• Broader than doctrine of respondeat superior
• liable for employees actions committed in scope
  of employment
• Employer responsible for foreseeable
  consequences of hiring a person
• even if reckless and beyond scope of employment
• if employer knew or should have known of
  employees unfitness
• Greater risk of harm--gt higher standard of care

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Defamation of Character

• The offense of injuring a persons character,
  fame, or reputation by false and malicious
  statements
• Slander - if spoken
• Libel - if written

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Safe Reference Checking

• Obtain employees permission
• Have employee waive right to review
• Defense of truth
• Privileged communication
• when a duty moral, social, legal to speak
  and an interest to hear facts about anther's
  performance are relatively more important than an
  individuals reputation

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Privileged Communication

• Must be in good faith
• Without malice
• By party in position to evaluate information
• Directed towards party with legitimate interests

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Recent Legal Developments

• Many states are considering protections for good
  faith job references
• May increase likelihood of negligent
  hiring/negligent referral lawsuits if employers
  dont check references

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Negligent Referral

• Companies may be liable for not fully and
  truthfully disclosing knowledge about a past
  employees potential for causing harm

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Recommendations -Reference Seekers

• Ask for only job-related information
• Obtain from knowledgeable source
• Document procedures information
• Obtain written permission of applicant
• Check multiple references
• Verify negative information

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Background and Criminal Investigations

• May be appropriate for high risk jobs
• Particularly to check for
• violent behavior
• fraudulent behavior
• Informus Corporation is one example
• Be sure you can defend necessity of information

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Recommendations-Reference Providers

• Provide only job related information
• Have employees sign release
• Provide only documented information
• Have a written policy
• Provide only written references

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