How to Avoid Hiring Irresponsible Employees STAFF PICK

Doron F Eghbali

Written by  Pro

Business Attorney

Contributor Level 10

Posted over 4 years ago. 3 helpful votes

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Hiring an employee is a significant investment. Accordingly, you should take steps to ensure you are hiring employees who can perform the tasks they will be required to do.

1

Prepare and Use a Job Application

You should prepare a formal job application that asks prospective employees the following: Their full name, their permanent address, their phone number/s, their education, their complete employment history, and their references. This information gives you a better picture of who you are dealing with. You should also indicate on the application that providing false information can lead to dismissal.

2

Ask Probing Questions

You should carefully review the job application and during the in-person interview ask about any gaps in employment. An employee might have any number of innocent explanations such as attending school, changing career goals or caring for a family member. However, gaps in employment could also signify issues such as an inability to keep a position, sudden dismissal for non-innocent reasons, or prison time. But, you might be wrong in your evaluation. Maybe the employee is not as guilty as you might think or as innocent as you have concluded. Hence, you should have another person whom you trust interview the employee, as well.

3

Double Check References and Previous Employers

Although former employers maybe wary of a defamation suit if they give you negative information about their former employee, you could at least confirm if the prospective employee has in fact worked there and what the salary history is. Perhaps, one of the best questions you could ask a former employer is whether the prospective employee is eligible for rehire.

4

Conduct a Background Check

This is an intelligent idea to perform a background check on a prospective employee. However, employers should seriously keep in mind the following: - you must obtain consent from the employee. The Fair Credit Reporting Act, which sets standards for employment vetting, requires obtaining CONSENT from employees before performing a background check. You should carefully review the Fair Credit Reporting Act website for compliance. In addition, this is prudent to consult your attorney for further compliance requirement. Be wary of some information for making employment decisions: Some state and federal laws prohibit using some kinds of information such as race, ethnicity, religion and sex in making employment decisions. You should consult your attorney to avoid running afoul of the law. Also, consider the type of your employment: Some businesses might need or require a background check as opposed to others. For instance, some states require conducting a background check for health or child care.

5

Have a Paid Tryout Period

No background check or other information may tell you better if a prospective employee is a good fit for your business than if that employee actually works for you. However, you could have the employee work on a test project for a limited time. This would provide you invaluable intelligence as to whether the employee is the one whom you could trust and has the expertise, aptitude or attitude required to excel.

Additional Resources

Fair Credit Reporting Act Website

How to Hire Your First Employees

Law Advocate Group LLP

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