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Hiring Without Being Sued

Posted by Maestro On February - 17 - 2009

When managers don’t ask the right questions (in interviews and in reference checks), their organizations run the risk of being sued for negligent hiring if the candidate is hired and later does something and someone gets hurt. Managers also run the risk of causing their organizations to be sued if they ask the wrong questions and learn things about a candidate that are unrelated to a candidate’s qualifications and suitability for the job under discussion.

Managers must attend training seminars and workshops on hiring to help keep up-to-date with changes in employment and civil rights law. They should also work closely with their organizations’ legal counsel whenever they have a question or concern about a hiring situation.

The 30-Second Recap

• Federal and state laws, as well as rulings from the courts, often regulate questions that can be legally asked of a candidate.
• Questions that are considered unlawful or inappropriate for interviews are similarly unlawful and inappropriate for use in employment applications.
• Interview questions should always be related to the essential functions of the job being sought.
• Avoiding potential legal problems involving claims of discrimination is the best strategy.
• Structured interviewing keeps the interview focused on job-related issues, thereby avoiding unplanned questions that can become the basis of discrimination claims.

Taken From: 10 Minute Guide to Conducting a Job Interview

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