How to avoid legal troubles when interviewing employees
There should be great folks left in the Permian who either lost their job or did not want to move to Houston. With this new opportunity, what is the best way to recruit and hire the right employee for your next vacancy?
First, post your job via your online job board through your integrated Human Resource Information System (HRIS). There are quite a few available that work well if implemented correctly. If you mess up the installation, your organization may never recover. Do it right the first time. Research, shop, and have key stakeholders weigh in on the final product selection.
Next, once the job is posted on your HRIS, it will automatically be posted on several job sites. Those sites have posting fees, and many such fees are covered by the HRIS you purchased. When applicants apply online on jobsites, their applications will automatically display on an interface that will be visible to the hiring managers, after a few prior reviews from your HR department. HR reviewers look for things like criminal backgrounds, or for names on your do-not-rehire list. Incidentally, someone’s having a criminal past should not necessarily prevent you from hiring them, but there are some jobs for which applicants with certain convictions cannot be hired. For example, a sex offender should not be working in schools. Some positions also require a favorable credit history. A background or credit history can be run only with the applicant’s permission. The application is frozen in limbo if they do not give you their permission.
Choose carefully whom you interview. If you interview someone you never had any intentions of hiring, such a practice may come back and bite you down the road. It may be cast as unethical, even if you had a good intention of making sure you interview a diverse group of candidates.
After years in HR, I cannot remember how many interviews I conducted during which the hiring manager knew who would be offered the job. Conducting interviews is the best way to handle an opening; going into the process with an open mind is even better. A candidate might surprise you.
What you ask the candidates is very important and can prevent legal troubles down the road. Structured interviews are best when every candidate is asked the same questions. Trust the process because it works. Make sure the same people are on the interview committee. The best candidates rise to the top.
Ask only job-related questions and do not be tricked into discussing forbidden topics. Bad candidates are usually pretty good at getting you down the wrong path. Recently, I was quoting a salary and asking when the new employee would start work, and she volunteered far too much personal information and tried to turn it on me. She thought I was a beginner. The litigious candidate is a reason to have a seasoned HR manager with legal knowledge and common sense.
Questions should be about qualifications, the candidates’ successes, and the candidates’ failures. Ask, how did the candidate learn from their failure? Try to ask open-ended questions and avoid yes or no questions. It is acceptable to ask the candidate to elaborate on their answer, but not for every question. Get them talking, but on topic. It is also fine if the candidate asks to have the question repeated. Your questions may be too long, and most interviewees are nervous, especially if they are unemployed.
Your committee does need to be diverse. Do not interview a female candidate with an all-male committee. This is not being woke—it is common sense.
Your questions cannot be personal, and you do not follow the female candidate out to her car to see if she has a child seat. I am not making this stuff up.
Do not sit the candidates at the head of the table if possible. I know everyone does it, but if you want a more relaxed interview where the candidate will be freer to share more, try a round or oval table.
Drill down without putting your own beliefs on the candidate. You are looking for the best candidate—one who dresses appropriately, gets to work on time, and can prove by their resume, interview, and references that they can do the job well.
Give the candidate a few minutes for their questions. There are lots of sites that recommend to candidates which questions to ask you at the end of the interview. About a year ago, I had a candidate ask me so many questions that it was painful, and she looked ridiculous to everyone on the committee. Remember, trust your committee.
When you select the candidate, check references who were previous supervisors. Then, offer the job and, if the offer is accepted, get 95 percent of their onboarding paperwork completed via your HRIS before their first day. Send an offer letter to both exempt and non-exempt future employees. Do not start anyone until they have passed their drug screening and physical examination, if required.
Lastly, send an email to the other candidates you interviewed, thanking them for their time. If any interviewee wants feedback as to why they did not get offered the position, be extremely careful. If it is an internal candidate, I am more likely to provide the requested feedback in a constructive manner.
Michele Harmon
“Your employees are the heart of your organization.” Dr. Michele Harmon is a Human Resource professional, supporting clients in Texas and New Mexico that range in size from five to more than 3,000 employees. Email: micheleharmon1@gmail.com
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