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The Retail Employer

March 2006

The Hiring Process—Part One

by David E. Nagle

The consequences of bad hiring can be significant: diminished productivity, lost opportunity costs in time invested in training, supervision, and turnover, and the disruption, expense and uncertainty of litigation. Hiring is an investment, and skill in managing the hiring process must be acquired. Like all skills, it takes considerable training, effort and experience to develop, and a review of all of the legal considerations applicable to the hiring process would be incomplete even if we devoted the entire two day seminar to that topic. This article summarizes the author’s presentation to the Advanced Employment Issues Symposium conducted in Las Vegas. It focuses upon (a) the way in which organizing the hiring process can help reduce the risk of litigation, and (b) selected issues where legal considerations require particular attention. One step will be featured in each issue of the Retail Employer.

Define the Job and Determine Job Qualifications

Define the job to be filled, and determine the qualifications for the job to be filled. This requires an investment of time and effort. It's critical to evaluate the tasks that will actually be performed, and not just take a canned, or out-of-date job description. Identify the qualifications that are required, and distinguish them from factors that may merely be beneficial or preferred.

This information was taken from an article by David E. Nagle of the LeClair Ryan law firm in Richmond.  He can be reached at (804) 343-4077, or dnagle@leclairryan.com.  The information originally appeared in an article he wrote for the Virginia Employment Law Letter, published monthly by M. Lee Smith Publishers, Inc.  For information on that publication, call 1-800-274-6774.

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Building a Better Workforce
Part One: How to Face Problems Head-on

Problems are bound to occur in any workplace, and handling them well can be challenging for employers. Typically, the first instinct when facing a problem is to let it slide and hope that it smoothes itself out. Unfortunately, problems rarely resolve themselves, and ignoring the issue often causes problems to fester and grow. But, the good news is that if you address workplace issues with positive techniques such as good communication, you will earn employees' respect and increase their loyalty. That adds up to an improved workforce, impacting the bottom line positively. Research shows that the top three reasons people don't perform well in the workplace are a lack of clear performance expectations, a lack of feedback and inappropriate reinforcement or recognition. As a manager or employer, you can maintain and enforce a healthy, balanced workplace by remembering two key concepts.

First, you must establish what is acceptable. Creating an employee handbook that includes information about punctuality, attitudes and work ethic with clearly defined penalties and rewards is a great start. Think of your handbook as a backup or reinforcement for handling tough situations. Remember that setting written limits and standards for employees empowers you to confront them when issues occur. By setting these limits, foggy areas of concern will become clear so that small issues do not escalate into larger ones. Offering seminars on your employee handbook or ethics can also help to ensure proper communication between you and your employees about these issues as well.

Second, handle unacceptable behavior with a proactive attitude. Focusing on the good behavior and work of your employees should be your first priority, but don't be afraid to deal with the negative behavior as well. Remember to keep a positive attitude when confronting serious issues. It is important to see the big picture when dealing with negative employees. Most likely, they are affecting many others around them, so action should be taken for the sake of the team. Equal consequences should be enforced in a timely manner after an instance occurs. Facing these issues with consistent and fair disciplinary actions is important to maintaining a smoothly-run workplace.  

Keep in mind that dealing with negative issues doesn't mean that you need to become negative or act as a merciless tyrant. Focusing only on the negative issues is never the way to go, and honest, consistent praise is a must. However, allowing negative situations to continue in your workplace is never an option. Dealing with these issues is not only important, it is also a crucial role for managers and employers. For more on dealing with workplace issues, check out next month's article on building a better workforce.

This article is reprinted with permission of www.ExpressPersonnel.com. Contact Mr. Lars Nordin at Lars.Nordin@ExpressPersonnel.com if you would like to be added to their distribution list.

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Questions to Dr. Wally—High Employee Turnover

Question:

I keep having lots of turnover and most of the employees tell me they are leaving because they have found a better job. Can you give me some very specific advice on how to find the right people?

Dr. Wally's Answer:

What’s a good job to one person may not be to another. I would guess your problems are coming from hiring people who are overqualified, the way you interact with them and/or the wage rate. What about the people who stay with you? Would you be happy with folks who have similar characteristics and skills of your long-term employees? If so, try to figure out the differences between those who stay and those who leave. Once the differences are identified, you will have a basis for seeking and selecting people similar to those who tend to stick around. 

This is reprinted with permission of Dr. Wallace Johnston. You may contact Dr. Wally at DrWally@AskDrWally.com.

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