book

The Hiring and Firing Question and Answer Book

Name: The Hiring and Firing Question and Answer Book
Author: Paul Falcone
ISBN: 0814406408

by Paul Falcone

October 2001

Intermediate to advanced

292 pages

7h 13m

English

AMACOM

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Copyright
Dedication
More praise for The Hiring and Firing Question and Answer Book:
Acknowledgments
Introduction
I. Hiring
1. Common Questions About the Hiring Process
1. What are the key employment laws related to hiring?Tell Me More2. What's the most effective recruitment method?Tell Me More3. What are my company's responsibilities regarding negligent hiring and retention?Tell Me More4. What records must I keep and for how long?Tell Me More5. How should I complete Immigration Eligibility Form I–9?Tell Me More6. How should I retain Form I–9?Tell Me More7. Am I obligated to have an affirmative action plan?Tell Me More8. How do I make diversity a key goal of our hiring process?Tell Me More9. Can I insist that new hires sign mandatory arbitration agreements?Tell Me More10. How do I determine whether someone is an employee or an independent contractor?Tell Me More11. What are reasonable accommodations?Tell Me More12. How do I determine what accommodations will be necessary for applicants with disabilities?Tell Me More
2. Recruitment Tools
13. How do I structure an employment application to get the most information?Tell Me More14. Do candidates need to fill out an employment application, or will a resume suffice?Tell Me More15. Should I test applicants?Tell Me More16. How do I validate tests?Tell Me More17. What are the benefits of working with recruitment advertising agencies?Tell Me More18. How do I maximize my working relationship with contingency and retained search firms?Tell Me More19. How do I negotiate fees and guarantee periods with search firms?Tell Me More20. How could research firms and outplacement organizations help me recruit new hires?Tell Me More21. Will an employee referral program work for my company?Tell Me More22. Should I consider sponsoring foreign workers and offering them green cards?Tell Me More23. How do I temporarily sponsor foreign workers using an H-1B nonimmigrant visa?Tell Me More24. Should I directly recruit candidates from competitors?Tell Me More25. What role should temp-to-hire staffing play in my organization?Tell Me More26. How do I initiate a campus recruitment program?Tell Me More27. How could a recruitment brochure help me market my company to prospective new hires?Tell Me More
3. Online Recruitment
28. What are the advantages and disadvantages of recruiting on the Internet?Tell Me More29. How can I begin recruiting online without generating expenses for my company?Tell Me More30. What are the most effective fee-paid Web sites?Tell Me More31. How should I write an online job ad?Tell Me More32. How do I make the most of my corporate Web site?Tell Me More33. How do I increase traffic to my corporate Web site?Tell Me More34. How do I harvest resumes from online databases?Tell Me More35. How can I reach passive job seekers online?Tell Me More36. How do I develop an integrated online recruitment program?Tell Me More
4. Interviewing
37. What are the three criteria used in selecting high-potential hires?Tell Me More38. Can I prescreen candidates with a telephone interview?Tell Me More39. How do I interview a candidate when I don't have a resume in front of me?Tell Me More40. How do I balance the company's needs with the candidate's requirements?Tell Me More41. What kind of notes should I take during the interview?Tell Me More42. How formal should an interview be?Tell Me More43. Are there any specific questions that should become a staple of every interview?Tell Me More44. What is behavior-based interviewing?Tell Me More45. What are the three biggest mistakes that interviewers typically make?Tell Me More46. How do I interview technical candidates when I'm not a "techie" myself?Tell Me More47. How do I interview Generation X job hoppers?Tell Me More48. What are the ten most common interviewing questions that could cause legal problems?Tell Me More
5. Making the Final Selection
49. How can I conduct an effective reference check?Tell Me More50. What questions yield the most useful information in a reference check?Tell Me More51. May I deny employment to job applicants who have been convicted of a felony or misdemeanor?Tell Me More52. Should I hire a background investigation firm?Tell Me More53. How do I select a background investigation firm?Tell Me More54. Should I institute drug testing for all new hires?Tell Me More55. How do I decide between two good candidates?Tell Me More56. Should I hire on the basis of gut feelings or vibes?Tell Me More57. How do I take the wrinkles out of the salary negotiation process?Tell Me More58. How do I prevent candidates from leveraging counteroffers?Tell Me More59. Can I rescind an offer before the start date if I change my mind?Tell Me More60. How do I compose a job offer letter?Tell Me More

II. Firing
6. Common Questions About the Performance Management and Termination Process
61. What is progressive discipline?Tell Me More62. What does it mean for an employee to be hired "at will"?Tell Me More63. How do I communicate the employment-at-will relationship to my workers?Tell Me More64. What is a "probationary" period?Tell Me More65. How do I conduct an internal investigation of an employee accused of misconduct?Tell Me More66. How should I conduct internal investigations regarding sexual harassment or discrimination?Tell Me More67. Should I allow an employee to "resign by mutual consent"?Tell Me More68. How do I discipline someone for attitudinal behavior?Tell Me More69. What does it mean to fire "for cause"?Tell Me More70. How should I handle poor performance?Tell Me More71. How can I encourage an underperforming and unhappy employee to leave the company when we haven't begun the progressive disciplinary process yet?Tell Me More72. How do I maximize exit interviews?Tell Me More
7. Progressive Discipline
73. How do I administer progressive discipline?Tell Me More74. How do I ensure that the progressive discipline is fair?Tell Me More75. What are the most common kinds of disciplinary infractions?Tell Me More76. How do I "bundle" separate performance infractions?Tell Me More77. How do I determine what level of progressive discipline is appropriate to the offense?Tell Me More78. What is an appropriate disciplinary time window?Tell Me More79. Is it a good idea to remove disciplinary warnings from an employee's file?Tell Me More80. How do I document my concerns on an annual performance review if I haven't discussed those issues with the employee in the past?Tell Me More81. Can I dock a worker's pay for substandard job performance or unacceptable conduct?Tell Me More82. What's the most effective way to deal with excessive absenteeism problems?Tell Me More83. How do I handle employees who pattern their unauthorized absences around their regularly scheduled weekends?Tell Me More84. How does FMLA limit my right to discipline employees with excessive absenteeism problems?Tell Me More85. How can an EAP (employee assistance program) help?Tell Me More86. What are the three biggest mistakes that employers make when documenting discipline?Tell Me More87. What are letters of clarification?Tell Me More88. What if an employee refuses to sign a written warning?Tell Me More89. Should I rebut a rebuttal or allow the employee to have the last word?Tell Me More90. Can a union employee demand that a steward be present at a progressive disciplinary meeting with management?Tell Me More91. Can a nonunion employee demand that a coworker be present at a progressive disciplinary meeting with management?Tell Me More
8. Terminations for Cause and Summary Offenses
92. How long do I have to terminate an employee after a final incident occurs that violates prior warnings?Tell Me More93. Should letters of termination be specific or generic?Tell Me More94. If an employee gives two weeks' notice of resignation, are we permitted to let the employee go that same day?Tell Me More95. How do I handle job abandonment?Tell Me More96. Can we terminate an employee for egregious behavior at a company party?Tell Me More97. What is the best way to conduct an employee termination meeting?Tell Me More98. What if I suspect that an employee may react violently to being terminated?Tell Me More99. How can I allay some of the anxiety and depression that come with termination?Tell Me More100. How do I announce that an employee has been terminated?Tell Me More
9. Reductions-in-Force (RIFs) and Layoffs
101. What do I need to know before laying someone off?Tell Me More102. Can I lay off a substandard job performer rather than terminate for cause?Tell Me More103. How do I select who should be let go?Tell Me More104. What do I need to consider when there are union contract "bumping" provisions?Tell Me More105. Will our union contract prevent us from outsourcing one of our departments?Tell Me More106. How much notice am I obligated to give employees who are about to be laid off under the WARN Act?Tell Me More107. What's the best way to handle the actual layoff meeting with the employee?Tell Me More108. Should a release or separation agreement be prepared for terminating employees?Tell Me More109. Should I offer to provide displaced workers with letters of recommendation?Tell Me More110. How valuable is outplacement as a tool to help my laid-off employees find new jobs?Tell Me More111. How do I choose an outplacement firm?Tell Me More112. Will my displaced workers have any trouble getting unemployment insurance?Tell Me More
Sample Policies, Agreements, and Letters
A. Sample Nondiscrimination and Equal Opportunity PoliciesB. Sample Arbitration AgreementsOffer Letter LanguageEmployee Handbook Language (found on the Acknowledgment of Receipt page)Employment Application LanguageC. Sample Recruitment BrochurePart I: Our HistoryPart II: The Hiring ProcessPart III: Starting Salaries and Performance ReviewsPart IV: BenefitsPart V: For More InformationD. Sample Internet AdE. Candidate Prescreening Interview MatrixCompany and Job SpecificsSuccess ProfileAssessment of Candidate's NeedsF. Interview MatrixG. Sample Drug Testing PolicyH. Ben Franklin Close to Eliminate CandidatesI. Sample Offer LetterJ. Sample Employment-at-Will PoliciesEmployment Application LanguageOffer Letter LanguageEmployee Handbook LanguageK. Harassment Investigation TemplateFollow-Up/ConclusionL. Sample Written WarningsWritten Warning: Inappropriate Workplace ConductWritten Warning: Substandard Job PerformanceFinal Written Warning: Substandard Job PerformanceWritten Warning Containing Multiple (Bundled) InfractionsWritten Warning: Sexual HarassmentM. Sample Exit Interview QuestionnaireN. Sample Recognition Letter for a Previously Disciplined EmployeeO. Sample Performance Evaluation "Comments" for an Underperforming EmployeeP. Sample Homework Assignment for a Paid Disciplinary LeaveQ. Sample Documentation for Excessive AbsenteeismR. Sample Letter of ClarificationS. Sample Specific Termination LetterT. Confirmation of Resignation LetterU. Job Abandonment LetterV. Sample Separation Agreement and ReleaseW. Sample Recommendation Letter for a Terminated or Laid-Off EmployeeX. Sample Release Form for Providing References After SeparationY. Comparison Template for a Layoff AnalysisZ. Sample Bumping Provisions for LayoffsAA. Sample Management Rights Clause in the Bargaining Agreement (with a Union)Management's Retained Rights
Resources
Campus RecruitmentCareer Management/Outplacement ServicesContingency FirmsDrug TestingIndependent ContractorsInternet RecruitingResumesGeneral Employment Web sites (according to total reach)Boutique Employment Web sites (in alphabetical order)Legal References for Hiring and FiringRecruitment and RetentionRetained Search FirmsSexual HarassmentTemp AgenciesViolence in the WorkplaceWorkplace Absenteeism
Glossary

Overview

Getting the best employees on board and weeding out the worst--without getting slapped with expensive lawsuits-are two of the most crucial and difficult jobs of human resources professionals and general managers.

Now there's quick, reliable information on how to do it right. Written by employment expert Paul Falcone, The Hiring and Firing Question and Answer Book contains over 100 commonly asked questions ranging from basic to sophisticated, including:

Does my company need an Affirmative Action plan?

Why should I conduct an exit interview?

How do I find the best Web sites for recruiting employees?

How do I protect my company from negligent hiring claims?

How do I terminate a long-term employee with a history of positive performance evaluations?

Each question is followed by a short answer and a longer "Tell Me More" section, making the book perfect both as a concise overview and as a practical reference.

Become an O’Reilly member and get unlimited access to this title plus top books and audiobooks from O’Reilly and nearly 200 top publishers, thousands of courses curated by job role, 150+ live events each month,
and much more.

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