Author: Site Staff

Samples of questions that can help you find out about a candidate’s job responsibilities and general performance.

1. “What was her job classification with your company and what were her duties?”


2. “Which were the most important of those duties?”


3. “On which of these duties did she devote the most of his time and how was this time allocated?”


4. “How would you rate her job performance in terms of work volume and quality?”


5. “Did she receive any promotions or demotions while with you? Describe.”


6. “As her supervisor, what did you find was the most effective way to motivate her?”


7. “Did her conduct ever require disciplinary measures? If so, describe.”


8. “How would you describe her performance compared to others with similar responsibilities?”


9. “What success—or lack of it—did she have working with others? What was the reason for the success or lack of it?”



If applicable:



10. “How would you describe the relationship between her and her subordinates?”


11. “Which supervisory practices did you like and dislike?”


12. “How would you describe her success in training and developing subordinates?”

SOURCE: Richard H. Magee, Helene Curtis Industries, Chicago, Personnel Journal (now Workforce).

Issue: A certification petition has been filed with the National Labor Relations Board to determine whether a union should be certified to represent your company’s employees. The NLRB regional office has indicated that it will conduct an election by secret ballot. What can you expect about the actual balloting process?

Answer: Once a certification petition has been properly filed with the Board’s appropriate Regional Office, the Board will:

1. Investigate;


2. Determine that the employer of the employees involved is one over which the Board can and will assert jurisdiction;


3. Hold a hearing upon due notice if “reasonable cause to believe a question of representation affecting commerce exists”;


4. Direct an election by secret ballot if such question is found to exist, and conduct a run-off election if three or more choices do not net a majority choice; and


5. Either certify the union which wins a majority of the votes cast, or certify the results of the election of there is no union majority.

Under the NLRA, an election must be by secret ballot.
Expedited elections are a statutory exception to this rule, but the Board has chosen to use the secret ballot here, also.

Ballots are supplied by the NLRB.
No one at any time, with the exception of a Board agent and the voter who votes that ballot, should be permitted to handle any ballot, according to the NLRB’s case-handling manual.

Checklist: Validity of union election ballots
In order for a ballot to be valid, the following factors must be met:

1. Must be cast by an eligible voter
2. Must be official

• unofficial ballots will be voided
• a blank sheet of paper same size and color as ballot and allegedly handed to voter by Board agent is not official

1. Must be secret

• can’t be signed
• can’t have deliberate marks or writings that could identify the voter
• can’t be marked at table and displayed to waiting voters
• challenged voter may waive secrecy requirement

1. Must clearly show voter’s intent

• valid: a check instead of an “X” in voting box
• valid: “si” in the “Yes-Si” box of bilingual ballot
• valid: “si” written clearly on back of ballot instead of an “X” in proper square on front
• valid: words added next to marked square, where intent evident and identity not disclosed by “do I ever” by “Yes” box; “Hell” next to “No” box on ballot
• valid: erasures, as long as choice is clear
• valid: an “X” and additional markings in “Yes” box but no other marks elsewhere on ballot

1. Must be placed in ballot box (unless balloting is by mail)

• ballot on floor near box voided

1. Must be cast within time period set for the election

• refused where ballot box was sealed, and neither observers nor potential voter objected to decision to preclude voter from voting
• permitted where late arrival beyond control of voter
• permitted where mail ballot sent three days before closing date and voter could have assumed it would have a timely arrival

Cite: NLRA, Section 8(b)(7); Sec. 9(c)(1).

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health care and small business professionals. CCH offers human resource management, payroll, employment, benefits, and worker safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

Issue: While perusing your company’s latest legal bill, you conclude that the amounts charged for certain services—like writing form letters—seem excessive. You call the law firm, but the managing attorney is uncompromising, claiming that the fees charged are the same for all of their clients. And besides, the rates are set out in detail in the signed fee agreement. You don’t want to wrangle over legal fees, so you back off. But the experience convinces you that the next time you hire a law firm, you want to handle things differently. What can you do?

Answer: To avoid any surprises on your legal bills, you can take several precautions when hiring outside legal counsel.

1. Establish a good retention (fee) agreement. A good agreement can do wonders. The agreement doesn’t have to be formal, either; it can be as simple as a letter to the prospective firm detailing your expectations as an employer, especially in terms of budget and communications. Don’t accept the law firm’s standard fee agreement without checking to make sure that your company’s interests are adequately safeguarded and your company’s legal rights are not unnecessarily waived.
2. Select a firm that makes a good fit. Some attorneys occasionally represent themselves as having experience in a certain area of law—when in fact they don’t. These attorneys waste time and often obtain poor results. By the time the client realizes there’s a problem, it’s too late. The solution is to question the attorney before hiring, the same way you would any prospective new hire. Ask pertinent questions about the attorney’s experience, litigation style, and the kinds of cases he or has tried.
3. Examine legal bills before payment. Once the bill is paid, it may be too late to question it. The firm may claim that a pattern has been established—that the client accepted the way the lawyer was litigating the case or the way that certain items were billed. Besides, it’s always difficult recovering fees that have been paid. You have a lot less leverage. The down side is that if you withhold fees, the lawyer may withdraw from the case. Therefore, you should be prepared for that contingency by having backup counsel ready to step in.
4. Consider alternative billing arrangements. Find a billing arrangement that works best for your situation. While most employers are aware of the basic options, such as flat-fee arrangements or sliding-scale agreements, employers should remain flexible and consider other creative approaches.

Cite: CCH interview with John Toothman, President, The Devil’s Advocate. Presentation by Burton F. Boltuch, Esq., Gordon & Rees, San Francisco, California.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health care and small business professionals. CCH offers human resource management, payroll, employment, benefits, and worker safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

Why check references?

1. It can help you substantiate or nullify facts gathered in the interview. It can also bring new ones to light.


2. It can help you place the proper interpretation on the information obtained, or lead to new understandings of the applicant.


3. It can enable you to become more objective in your appraisal.


4. If the applicant is hired, the information can help a supervisor or manager do a better job of motivating and directing the employee.

SOURCE: Richard H. Magee, Helene Curtis Industries, Chicago, writing for Personnel Journal (now Workforce).

The Worker Adjustment and Retraining Notification Act (WARN) places notice requirements on certain employers prior to ordering a plant closing or mass layoff. Generally, it prohibits a covered employer from ordering a plant closing or mass layoff before the end of a 60-day period that begins when written notice is provided to employees telling of the plant closing or layoff.

Are you a covered “employer?”
WARN defines “employer” as an enterprise that meets either part of the following two-part definition. First, an ’employer’ is any business enterprise that employs 100 or more employees, excluding part-time employees. An ’employer’ also includes a business enterprise that employs 100 or more employees, including part-time employees, who, in the aggregate, work at least 4,000 hours per week exclusive of overtime.

What is a plant closing?
A plant closing occurs when a single employment site is shut down permanently or temporarily, causing an employment loss for 50 or more full-time employees within a 30-day period.

What is a mass layoff?
A mass layoff occurs when a single site suffers an employment loss which affects at least 33 percent of the site’s full-time workforce and at least 50 full-time employees at that site during any 30-day period. Regardless of percentages, if 500 or more employees are laid off within a 30-day period at one site, that will be a mass layoff. The same figures reached within a 90-day period—as a result of separate layoffs—may also trigger the notice requirement, unless the company can show the layoffs were the result of separate and distinct actions.

Who must you notify?
Employers may not implement a plant closing or mass layoff until 60 days after providing written notice to each employee of the closing or layoff. Rather than notify every affected employee, an employer may serve notice to each “employee representative” (within the meaning of the National Labor Relations Act or the Railway Labor Act).

State-dislocated worker units must also be given notice of the closing or layoff. The chief elected official of the unit of local government within which the closing or layoff is to occur must also be notified. Where there is more than one unit of local government, an employer must notify the chief elected official representing the local governmental unit to which the employer paid the highest taxes in the preceding year.

Are there any exceptions?
Specifically exempted from WARN are closings of temporary facilities as well as closings or layoffs that result from the completion of a particular project or undertaking. However, this exemption applies only when the affected employees were hired with the understanding that their employment was limited to the duration of the facility, project or undertaking, however.

The Act also excludes a closing or layoff that constitutes a strike layoff provided that such actions are not attempts to evade the requirements of the law. An employer has no duty to serve the required notice when permanently replacing a person who is deemed to be an economic striker under the NLRA.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health care and small business professionals. CCH offers human resource management, payroll, employment, benefits, and worker safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

Issue: As HR manager, you have a staff of highly motivated and skilled employees to successfully accomplish the varied and complex goals of your department. However, a yearly performance review may not be enough to elicit this high level of performance from employees. What can be used throughout the year to train and motivate your employees?

Answer: Performance management sessions held throughout the year with each employee can help accomplish this goal. Performance management is an ongoing process that involves regular goal-setting, communication, evaluation and allocation of rewards or consequences.

A good performance-management program has a number of advantages.

• A good program can help you get the best from your employees, because when employees know that attention is being paid to their performance, they are generally motivated to work better.
• Performance management helps redirect employee efforts. An employee may be working hard, but working on the wrong things. Sessions throughout the year will enable a manager to keep tabs on what employees are working on, in order to direct efforts to better fulfill company goals.
• Periodic performance management gives managers a measuring tool by tracking whether employees are achieving specific goals set for them and with them.
• When it comes time to award promotions and raises, performance management can aid a manager by allowing a review of documentation that has been kept over the year on employees.

The following is an approach for preparing and conducting a performance-management session:

Preparing a performance management session:

1. Gather information.
2. Set up a time and notify the employee.
3. Finish preparing the employee’s evaluation.
4. Forward copy of review ahead of time to employee (if you choose to let the employee read the review).

Conducting a performance-management session:

1. Start with light conversation. This sends the message that the meeting is not adversarial.
2. Present the employee with a copy of the evaluation. Allow time for him/her employee to read it over.
3. Go over each section of the evaluation and discuss examples. Allow employees to ask questions or offer feedback.
4. Together, set new goals and make plans for achieving those goals. Goals should be aggressive, yet attainable. Document the new goals.
5. Secure acknowledgement from the employee. Evaluation forms should have a space for employees to acknowledge that they have had an opportunity to review the evaluation, even if the employee disagrees with certain aspects contained in it.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health care and small business professionals. CCH offers human resource management, payroll, employment, benefits, and worker safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

Matthew O’Connell, co-founder of Select International, gives his view on evaluating interviews and assessments:

“There are two important terms for evaluating assessment systems. The first is validity, which refers to how accurately a selection system predicts performance on the job. Does HR really care about anything else, with the possible exception of how long it takes to administer the tests? Validity essentially equals ROI, but in and of themselves, no tests are valid: it’s the way you apply the results that determines validity.

“The second term is reliability, which refers to how consistent the results are over time and on a wide range of people. If a system is reliable, two people assessing the same candidate should get the same results.

“The way you determine validity of an assessment system is to utilize a correlation coefficient. Correlation coefficients range between 0.0, which indicates that there is no relationship between test results and performance, and 1.0, which means that the test is 100% accurate in predicting performance. The best way to measure ROI on an assessment system is to ask about the validity of the system. Correlation coefficients between test results and job performance should be readily available when you ask.

“You should get the correlation as high as possible, and second, you necessarily have to do a lot of tests. You just have to administer the tests that most accurately predict performance. Unstructured interviews or semi-structured interviews are the most commonly used tools in the hiring process. The correlation between unstructured interviews and performance is only .2. It’s better than random, but only a little better.

“Unstructured interviews permit the interviewer to ask anything he or she wants, whether or not it’s valid. And unstructured interviews often don’t involved probing questions that yield further information about the reasons why a candidate responded as they did. If you don’t understand their thought process, their reasoning, then you don’t really understand how they might perform.

“Structured interviews, however, are twice as valid as unstructured interviews. When we have structured questions and standardized evaluation guidelines, we know we will get a .40 validity. Selection systems that test for the competencies that actually predict job performance have much higher validity.

SOURCE: From a speech by Matthew O’Connell, co-founder of Select International, at a conference on Recruiting & Hiring in a Tight Labor Market: New Practices in Recruitment & Selection, May 5-6, 1999.

Issue: Your employee provides you with an obviously forged doctor’s note in connection with his Family and Medical Leave Act (FMLA) request. You decide to terminate the employee based on a dishonest act—his submitting the note in order to gain additional days of sick pay. The employee sues in federal court alleging unlawful retaliation for requesting FMLA leave. Does the employee have a case?

Answer: Probably not. A federal district court in Pennsylvania ruled that the employee in this instance could not proceed with his claim since he failed to offer any proof that his employer’s reason for terminating him was a pretext to retaliate against him for his FMLA leave or for a prior disciplinary grievance. The employer was able to have the case summarily dismissed.

Good faith, nondiscriminatory reason for termination.
Although the employee established a prima facie case of retaliation due only to the sheer proximity in time between his FMLA leave request and his termination, his employer could nevertheless demonstrate that its reason for terminating him was legitimate and nondiscriminatory. Simply, it had a good faith belief that the employee falsified the doctor’s note in order to obtain sick pay.

Be sure you have a legitimate and nondiscriminatory reason for taking any adverse employment action. Remember, though, that it will be the employee’s burden to demonstrate that your reason was merely a pretext to hide an improper motive. Therefore, you should always document your decisions to demonstrate a good-faith belief that your actions were warranted by the facts.

Cite: Baltuskonis v. US Airways, Inc. (EDPa 1999) 139 LC 33,944.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health care and small business professionals. CCH offers human resource management, payroll, employment, benefits, and worker safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

Issue: Almost everyone in the company uses wireless telephones to keep in touch—and to do business. It seems so efficient to use the time commuting or traveling on business to call clients and check in with the office. Yet, as an HR manager, you are uneasy about the practice. You worry about employee safety and, as always, about potential liability if an accident occurs. Should you consider a policy banning talking on the telephone while driving?

Answer: Probably. Talking on the telephone is a dangerous distraction for drivers who should be concentrating on driving though cities or navigating busy highways.

To protect motorists and pedestrians, Brooklyn, Ohio, has enacted the Mobile Telephone Operation Ordinance (Ordinance No. 1999-27). The ordinance, believed to be the first of its kind in the United States, prohibits the use of mobile telephones under normal driving circumstances, unless the driver is using a hands-free device (with both hands on the steering device), contacting public safety forces or has the vehicle in “park” on public or private property. Violations are considered minor misdemeanors, with a maximum fine of $100.

Brooklyn was also the first to pass a mandatory seat belt law in 1966. Perhaps the Mobile Telephone Operation Ordinance will prompt other jurisdictions to follow Brooklyn’s lead once again.

What should HR do?

Some companies have recognized the safety hazards of talking on the telephone while driving and have created policies to stop it. Generally, the approach is to prohibit driving while using a hand-held telephone and to restrict the use of hands-free telephones to brief conversations. Drivers are instructed instead to park safely to use the phone. Here is a five-step plan for those who are interested in implementing a car phone policy:

1. Create a simple policy, using two or three basic guidelines. For example:
   
   All employees should try to be as safe as possible while driving. Since accidents can happen when a driver’s full attention is not devoted to driving, employees may not use hand-held wireless telephones while they are driving. The use of such wireless telephones is restricted to times when the car is parked safely. If necessary, very brief conversations on hands-free telephones are permitted, but the driver should immediately pull of the road and park safely to hold a conversation.
2. Educate employees about the risks of talking on the telephone while driving.
3. Communicate the policy to all employees, not just business travelers, since so many employees have wireless telephones that could be used to conduct business in the car.
4. Use e-mail reminders, newsletters and ‘travel safely’ communications to reinforce the policy.
5. Encourage employees to audit the behavior of others they ride with. For example, tell a driver talking on the telephone that it’s not a safe driving practice, and ask that he or she not talk on the phone while driving.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health care and small business professionals. CCH offers human resource management, payroll, employment, benefits, and worker safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

When you’re recruiting, look for people who not only would fill an opening in your company, but who will make an impact.

Some ideas for finding “impact” folks:

1. Search communities like those found at deja.com and see which people are answering a lot of other people’s questions. They’ll answer your questions once you hire them.
2. Look for people active in non-profit community groups (e.g. hospital board), on boards of directors of community groups, and who are officers on those boards. They have energy.
3. Target readers of the top magazines in your industry, and users of the top Web sites. They’re trying to stay ahead of the game.
4. Decide the classes at the local community college (such as HTML 101 or Advanced Pastry-Making) that offer the most-valuable information. Ask the professor to recommend a few of the most motivated students.

SOURCE: Todd Raphael, Online Editor, Workforce Online.