How to Catch and How to Catch and Release Employees—Release Employees—The Right Way The Right Way

SHRM 2011 ConferenceSHRM 2011 Conference

Rosemary Fornshell, CSI Rosemary Fornshell, CSI retiredretired

THE CATCH:THE CATCH:The Hiring ProcessThe Hiring Process

Practical Skills for Human Practical Skills for Human Resource ProfessionalsResource Professionals

HR Mission StatementHR Mission Statement

The Mission of the Human Resources The Mission of the Human Resources Department is to Recruit, Develop, and Department is to Recruit, Develop, and Retain the High-Caliber, Diverse Retain the High-Caliber, Diverse Workforce Necessary for your Business to Workforce Necessary for your Business to Achieve Its Mission And Goals.Achieve Its Mission And Goals.

Quality CandidatesQuality Candidates

Defined Position

Critical Competencies

Job Analysis

Training and development

Valid Assessment: Improved job/person match

Realistic Job Preview

Defining Today’s JobsDefining Today’s Jobs

OLDOLD

Knowledge, skills, Knowledge, skills, abilitiesabilities

Jobs defined as Jobs defined as “bundles of tasks”“bundles of tasks”

Employees perform Employees perform strictly definable tasksstrictly definable tasks

NewNew

CompetenciesCompetencies

Jobs defined by Jobs defined by competenciescompetencies

Jobs are flexibleJobs are flexible

Keys to SuccessKeys to Success

Up-to Date Classification CriteriaUp-to Date Classification Criteria

Job Related QualificationsJob Related Qualifications

Targeted RecruitmentTargeted Recruitment

Valid AssessmentValid Assessment

Resumes from?Resumes from?

Response to AdsResponse to Ads

Career Builders Web SiteCareer Builders Web Site

Internal Transfer RequestInternal Transfer Request

Career FairsCareer Fairs

Other?Other?

Not team PlayerProblems with co/workers

Un-ProfessionalPart of the problem

Not the solution

Not my job syndrome

Lacks Skills to do the job

Bad Hire

Manageability&

Teamwork

ProfessionalBehavior & Demeanor

Problem SolvingAbilities

Willingness

Able & Suitable

Ideal Candidate

Personal ProfilePersonal Profile

Drive: A desire to get things done. Goal-Oriented.Drive: A desire to get things done. Goal-Oriented.Motivation: Enthusiasm and willingness to ask questions. Motivation: Enthusiasm and willingness to ask questions. Does extra on every job.Does extra on every job.Communication skills: The ability to talk and write Communication skills: The ability to talk and write effectively to people at all levels.effectively to people at all levels.Chemistry: Gets along with others, A team player.Chemistry: Gets along with others, A team player.Energy: Someone who goes the extra mile, pays Energy: Someone who goes the extra mile, pays attention to detail, looks for solutions.attention to detail, looks for solutions.Determination: Does not quit when a problem gets Determination: Does not quit when a problem gets tough.tough.Confidence: Not arrogant. Poise. Friendly, honest and Confidence: Not arrogant. Poise. Friendly, honest and open to employees high and low. Not intimidated by open to employees high and low. Not intimidated by management, nor overly familiar.management, nor overly familiar.

Professional ProfileProfessional Profile

Reliability: Following up, not relying on anyone else to ensure the Reliability: Following up, not relying on anyone else to ensure the job is well done, keeps management informed.job is well done, keeps management informed.Honesty/Integrity: Taking responsibility for own actions, Good and Honesty/Integrity: Taking responsibility for own actions, Good and bad.bad.Pride: Pays attention to details all jobs done to best of their ability.Pride: Pays attention to details all jobs done to best of their ability.Dedication: Whatever it takes in time and effort to see a project Dedication: Whatever it takes in time and effort to see a project through to completion.through to completion.Analytical Skills: Weighing the pros and cons. Weighing the short-Analytical Skills: Weighing the pros and cons. Weighing the short-and long term benefits against all possible negatives.and long term benefits against all possible negatives.Listening Skills: Listening and understanding, as opposed to waiting Listening Skills: Listening and understanding, as opposed to waiting your turn to speak.your turn to speak.

Structured InterviewStructured Interview

Contains interview questions for both Contains interview questions for both general and technical competencies.general and technical competencies.

Modular format; Department determines Modular format; Department determines which questions to ask.which questions to ask.

Benchmarks are used in scoring Benchmarks are used in scoring responses.responses.

Goals of Structured InterviewGoals of Structured Interview

To ensure a systematic coverage of To ensure a systematic coverage of applicants.applicants.

To provide a technique for gathering all To provide a technique for gathering all the relevant facts.the relevant facts.

To provide a uniform strategy that To provide a uniform strategy that objectively evaluates all job candidates.objectively evaluates all job candidates.

To determine candidates ability, To determine candidates ability, willingness, and manageability.willingness, and manageability.

What are the five most important What are the five most important skills of the job?skills of the job?

The Job description

Skill 1 Skill 5Skill 3Skill 2 Skill 4

Develop questions covering each Develop questions covering each areaarea

Interview Questions

Skill 1 Skill 2 Skill 3 Skill 4 Skill 5

Ways not to conduct an interviewWays not to conduct an interview

Interviewers desk is cluttered, looks at the Interviewers desk is cluttered, looks at the resume 5 minutes before the interview.resume 5 minutes before the interview.

Constant interruptions, phone calls Constant interruptions, phone calls

Starts off with negative aspects of the job.Starts off with negative aspects of the job.

Asks a long line of open ended questions.Asks a long line of open ended questions.

Makes up questions as they go along.Makes up questions as they go along.

The Job Interview SituationThe Job Interview Situation

Have as much privacy as possibleHave as much privacy as possible

Call applicant by name when inviting them into Call applicant by name when inviting them into the officethe office

Ensure that the applicant knows your nameEnsure that the applicant knows your name

Greet the applicant courteously and sincerelyGreet the applicant courteously and sincerely

Make the applicant feel that you are pleased Make the applicant feel that you are pleased with their interest in the positionwith their interest in the position

Establish an informal but business like Establish an informal but business like atmosphere atmosphere

Make the applicant feel importantMake the applicant feel important

Talk to the applicant as though you were Talk to the applicant as though you were the only contact he would ever have with the only contact he would ever have with the employerthe employer

Compliment a good employment recordCompliment a good employment record

Interrupt the conversation to keep Interrupt the conversation to keep interview on trackinterview on track

Use active listening skillsUse active listening skills

Relax and the applicant will relaxRelax and the applicant will relax

Keep information given, confidentialKeep information given, confidential

Remember the applicants time is valuableRemember the applicants time is valuable

Watch for gaps in work recordWatch for gaps in work record

Use application blanks and other data in Use application blanks and other data in planning the interviewplanning the interview

Make an outline in advance, of the main Make an outline in advance, of the main items of information you want to obtain items of information you want to obtain during the interviewduring the interview

Plan the time required for interviewPlan the time required for interview

Don’tsDon’ts

Interview when worried, upset, ill or under Interview when worried, upset, ill or under stressstress

Hold the interview in a noisy placeHold the interview in a noisy place

Keep applicants waiting unnecessarilyKeep applicants waiting unnecessarily

Give the impression of being abrupt or Give the impression of being abrupt or harshharsh

Allow outside interruptionsAllow outside interruptions

Seek information you already haveSeek information you already have

Antagonize the applicantAntagonize the applicantShow emotion at any physical handicapShow emotion at any physical handicapHurt the applicant’s feelings or destroy his Hurt the applicant’s feelings or destroy his faith in himselffaith in himselfForget that the applicant is sensitive to Forget that the applicant is sensitive to every word the interviewer speaksevery word the interviewer speaksAppear to loose interest in the interviewAppear to loose interest in the interviewPry into personal livesPry into personal livesBreak or delay an appointmentBreak or delay an appointmentWaste time on a long interview if the Waste time on a long interview if the applicant is clearly not suitableapplicant is clearly not suitable

The InterviewThe Interview

Greet the applicant. Start the interview promptly. Open Greet the applicant. Start the interview promptly. Open with a warm, genuine greeting and firm handshake. Offer with a warm, genuine greeting and firm handshake. Offer the applicant something to drink.the applicant something to drink.Outline the interview. Give the applicant an overview of Outline the interview. Give the applicant an overview of the process, length of the interview and what to expect the process, length of the interview and what to expect after the interview.after the interview.Give the applicant a realistic job preview. Research Give the applicant a realistic job preview. Research suggest that realistic job previews increase employee suggest that realistic job previews increase employee retention because the applicant gets honest information retention because the applicant gets honest information at the beginning of the process.at the beginning of the process.Present the applicant with a copy of the job description, Present the applicant with a copy of the job description, physical requirements of the job and a list of the physical requirements of the job and a list of the responsibilities of the position.responsibilities of the position.

Equal Employment Opportunity Equal Employment Opportunity LawsLaws

Title VII of the Civil Rights Act of 1964 (Title VII) forbids Title VII of the Civil Rights Act of 1964 (Title VII) forbids employment discrimination based on race, color, employment discrimination based on race, color, religion, sex, or national origin;religion, sex, or national origin;

The Equal Pay Act of 1963 (EPA) protects men and The Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the women who perform substantially equal work in the same establishment from sex-based wage same establishment from sex-based wage discrimination.discrimination.

The Age Discrimination in Employment Act of 1967 The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or (ADEA) protects individuals who are 40 years of age or older against age based discrimination.older against age based discrimination.

Title I of the Americans with Disabilities Act of 1990 Title I of the Americans with Disabilities Act of 1990 (ADA) forbids employment discrimination against (ADA) forbids employment discrimination against qualified individuals with disabilities.qualified individuals with disabilities.

The Civil Rights Act of 1991 provides monetary The Civil Rights Act of 1991 provides monetary damages in cases of intentional employment damages in cases of intentional employment discrimination.discrimination.

Questions that are illegalQuestions that are illegal

Questions regarding religion, church, Questions regarding religion, church, synagogue, or parish, the religious synagogue, or parish, the religious holidays you observe, political beliefs or holidays you observe, political beliefs or affiliations.affiliations.

““Does your religion allow you to work on Does your religion allow you to work on Saturdays?”Saturdays?”

If Job Requirement May AskIf Job Requirement May Ask

““This job requires work on Saturdays. Is This job requires work on Saturdays. Is that a problem?”that a problem?”

Questions that are illegalQuestions that are illegal

Regarding ancestry, national origin, or Regarding ancestry, national origin, or parentage; in addition, you cannot ask parentage; in addition, you cannot ask about the naturalization status of parents, about the naturalization status of parents, spouse or children.spouse or children.

Regarding place of birth.Regarding place of birth.

May AskMay Ask

“ “Are you authorized to work in the United Are you authorized to work in the United States?”States?”

Questions that are illegalQuestions that are illegal

May not ask about your native language, May not ask about your native language, the language you speak at home, or how the language you speak at home, or how you acquired the ability to read, write, or you acquired the ability to read, write, or speak a foreign language.speak a foreign language.

““You indicated on your resume you are You indicated on your resume you are fluent in German, French and Spanish. fluent in German, French and Spanish. How did you manage to learn all of those How did you manage to learn all of those languages?”languages?”

If required for the Job may askIf required for the Job may ask

““What languages are you fluent in”What languages are you fluent in”

Questions that are illegalQuestions that are illegal

May not ask about age, date of birth, or May not ask about age, date of birth, or the ages of children. the ages of children.

May ask whether you are over eighteen May ask whether you are over eighteen years of age.years of age.

Questions that are illegalQuestions that are illegal

May not ask about maiden names or May not ask about maiden names or whether you have changed your name; whether you have changed your name; marital status, number of children or marital status, number of children or dependents, or spouse’s occupation; or dependents, or spouse’s occupation; or whether (if you are a woman) you wish to whether (if you are a woman) you wish to be addressed as Miss., Mrs., or Ms.be addressed as Miss., Mrs., or Ms.

May askMay ask

How would you like to be addressed (a How would you like to be addressed (a common courtesy) and if you have worked common courtesy) and if you have worked for the employer before under a different for the employer before under a different name.name.

Questionable Interview QuestionsQuestionable Interview Questions

In a scene from the first episode of The In a scene from the first episode of The Mary Tyler Moore Show, Lou Grant is Mary Tyler Moore Show, Lou Grant is interviewing Mary for a job.interviewing Mary for a job.

Lou: So, Mary, what religion are you?Lou: So, Mary, what religion are you?

Mary: You can’t ask me that, Mr. Grant! Mary: You can’t ask me that, Mr. Grant! It’s against the law.It’s against the law.

Lou: Wanna call a cop?Lou: Wanna call a cop?

Pitfalls to AvoidPitfalls to Avoid

In order to gain information without asking In order to gain information without asking specific questions, many interviewers use specific questions, many interviewers use the “tell me about yourself” approach, the “tell me about yourself” approach, hoping that the applicant will tell all about hoping that the applicant will tell all about spouse, kids, working on weekends, and spouse, kids, working on weekends, and so on.so on.

Dangers of this approachDangers of this approach

Say the applicant is a woman who tells the Say the applicant is a woman who tells the interviewer she is divorced and has children.interviewer she is divorced and has children.

Another person is hired—perhaps equally Another person is hired—perhaps equally qualified who is single.qualified who is single.

The first applicant, desperate for the job, The first applicant, desperate for the job, becomes angry and files a complaint saying that becomes angry and files a complaint saying that the employer learned during the interview that the employer learned during the interview that she was divorced and had children and was not she was divorced and had children and was not hired for that reason.hired for that reason.

Even though the interviewer did not ask for Even though the interviewer did not ask for the information, the fact is, the information the information, the fact is, the information came to light during the interview.came to light during the interview.

If she files suit, it is then up to the If she files suit, it is then up to the employer to prove that the information was employer to prove that the information was volunteered and not used as a basis of volunteered and not used as a basis of discriminatory actions,discriminatory actions,

It is the interviewer’s responsibility and in It is the interviewer’s responsibility and in the employer ‘s best interest that you stop the employer ‘s best interest that you stop the applicant from volunteering illegal the applicant from volunteering illegal information.information.

What to do when illegal information What to do when illegal information is outis out

First, stop the flow of information and tell First, stop the flow of information and tell the applicant not to bring up the subject the applicant not to bring up the subject again.again.Courteously explain that the employer Courteously explain that the employer does not base its hiring practices on that does not base its hiring practices on that particular subject area.particular subject area.Specifically state that a decision to hire is Specifically state that a decision to hire is never based on age, gender, race, or never based on age, gender, race, or whatever subject was brought up.whatever subject was brought up.

Don’t assume…ask specificsDon’t assume…ask specifics

““We are open to the public from 8:00 a.m. to 5:00 p.m., We are open to the public from 8:00 a.m. to 5:00 p.m., and because of a small staff, it’s important that everyone and because of a small staff, it’s important that everyone be here daily and on time. Is there anything that would be here daily and on time. Is there anything that would prevent you from being at work on time and on a regular prevent you from being at work on time and on a regular basis?“basis?“““We feel that the first six months on the job is your We feel that the first six months on the job is your training period. Because of the expense and time training period. Because of the expense and time invested in our staff we are looking for people who give invested in our staff we are looking for people who give the employer a commitment in return. Is there anything the employer a commitment in return. Is there anything that would prevent you from staying with the employer that would prevent you from staying with the employer for a minimum of two years?”for a minimum of two years?”

CautionCaution

Be sure the requirements are reasonable and Be sure the requirements are reasonable and required of each applicant for the particular job.required of each applicant for the particular job.

If a job takes one to two weeks of training, and If a job takes one to two weeks of training, and the typical employee rarely stays over six the typical employee rarely stays over six months, we could be on shaky ground with the months, we could be on shaky ground with the EEOC if your excuse for not hiring someone was EEOC if your excuse for not hiring someone was the expectation tat they would be transferred the expectation tat they would be transferred with a spouse within a year, particularly a with a spouse within a year, particularly a spouse in the military service.spouse in the military service.

General RuleGeneral Rule

Ask everyone the same, job-related Ask everyone the same, job-related questions and you’ll have little to fear if a questions and you’ll have little to fear if a rejected candidate has a legal bone to pick rejected candidate has a legal bone to pick with your hiring practices.with your hiring practices.

……And Release-And Release-Letting Employees GoLetting Employees Go

““Hire slowly, fire quickly”Hire slowly, fire quickly”

Performance ProblemsPerformance Problems

What’s the cause of the performance What’s the cause of the performance problem?problem?– skill, motivation, ability, obstaclesskill, motivation, ability, obstacles

What’s the appropriate solution?What’s the appropriate solution?– trainingtraining– job designjob design– rewardsrewards– transfertransfer– termination termination

Modifying BehaviorModifying Behavior

Identify behavior you want to Identify behavior you want to stop/encouragestop/encourageAnalyze Analyze reinforcersreinforcersIdentify obstacles to desired behaviorIdentify obstacles to desired behaviorClarify performance expectationsClarify performance expectationsObtain agreementObtain agreementFollow-up and:Follow-up and:– Coach continuing problemsCoach continuing problems– Reinforce correct behaviorReinforce correct behavior

Progressive DisciplineProgressive Discipline

Investigate and document problemInvestigate and document problem

Oral warningOral warning

Written warningWritten warning

Suspension (or final warning)Suspension (or final warning)– <optional: Termination hearing><optional: Termination hearing>

TerminationTermination

Severe infractions lead directly to termination

Fear of FiringFear of Firing

Terminations are the single largest reason Terminations are the single largest reason for employee lawsuits. Why?for employee lawsuits. Why?

Fear of a Fear of a wrongful dischargewrongful discharge suit suit paralyzes some employersparalyzes some employers

Don’t employers have a right to employ Don’t employers have a right to employ who they want?who they want?

Employment at Will DoctrineEmployment at Will Doctrine

Employer may terminate employment for Employer may terminate employment for good reason, poor reason, or no reason at good reason, poor reason, or no reason at allall– except discrimination on protected characteristics or except discrimination on protected characteristics or

retaliation for exercising legal rightsretaliation for exercising legal rights

Employee has the same rightEmployee has the same right

60-65% of employees fall in this category60-65% of employees fall in this category

Employment at Will: ExceptionsEmployment at Will: Exceptions

Breach of contractBreach of contract– Collective bargaining agreementsCollective bargaining agreements– Literal or Literal or ImpliedImplied contracts contracts

Duty of good faith/fair dealingDuty of good faith/fair dealing

Public policy Public policy – Refusing to violate lawRefusing to violate law– RetaliationRetaliation

Fairness in FiringFairness in Firing

Ultimate issue: Will your decision be Ultimate issue: Will your decision be judged to be fair?judged to be fair?– To the employee affectedTo the employee affected– To coworkersTo coworkers– To a jury (or arbitrator)To a jury (or arbitrator)

Why Terminate Employees?Why Terminate Employees?

For CauseFor Cause– What about off-the-job behavior?What about off-the-job behavior?

Reductions in forceReductions in force

Alternatives to TerminationAlternatives to Termination

TransferTransfer

RestructureRestructure

NeutralizeNeutralize

Encouraging employee to resignEncouraging employee to resign

TransfersTransfers

When appropriate?When appropriate?– Employee has valuable skills that can be Employee has valuable skills that can be

applied elsewhereapplied elsewhere– Performance problems won’t affect new Performance problems won’t affect new

positionposition– Easier in larger and “richer” firmsEasier in larger and “richer” firms

New supervisor should be fully appraisedNew supervisor should be fully appraised

RestructuringRestructuring

Same basic guidelines as for transfersSame basic guidelines as for transfers

More likely in good times and labor More likely in good times and labor shortagesshortages

Employee involvement particularly Employee involvement particularly importantimportant

NeutralizingNeutralizing

When you want to fire…. but can’tWhen you want to fire…. but can’t

Restructuring work so negatives have Restructuring work so negatives have least impact on you, coworkers or least impact on you, coworkers or customerscustomers– Ensuring that employee “is no longer in the Ensuring that employee “is no longer in the

way of employees who are productive for the way of employees who are productive for the company”company”

What About Encouraging What About Encouraging Employee to Resign?Employee to Resign?

Can be useful if employee voluntarily quits Can be useful if employee voluntarily quits because they realize their behavior won’t because they realize their behavior won’t be toleratedbe tolerated

But beware of But beware of constructive dischargeconstructive discharge

Firing Summary-IFiring Summary-I

What warrants termination?What warrants termination?– Chronic Performance ProblemsChronic Performance Problems– AbsenteeismAbsenteeism– DishonestyDishonesty– InsubordinationInsubordination– Substance abuse?Substance abuse?

Firing Summary-IIFiring Summary-II

Clarify employment at willClarify employment at will– Disclaimers in hiring processDisclaimers in hiring process– Check/revise policy manualCheck/revise policy manual

Avoid Avoid appearanceappearance of wrongful discharge of wrongful discharge– Base decision on business issuesBase decision on business issues– Use progressive disciplineUse progressive discipline– Be consistentBe consistent

Something to remember..Something to remember..

Know when to get yourself into an Know when to get yourself into an organization, and when to take yourself organization, and when to take yourself out…if you don’t, someone will do it to out…if you don’t, someone will do it to you.you.

– Peter DruckerPeter Drucker

SourcesSources

University of Texas Human ResourcesUniversity of Texas Human Resources

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