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EMPLOYMENT LAW GUIDE: - page 43 / 134

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43 / 134

PART II: NAVIGATING THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP

    • 2.1

      Hiring Considerations and Practices

      • A.

        Pre-Hiring Considerations

Before hiring occurs may be the employer’s last practical opportunity to think fully

through the process it is setting in motion. That is the time to ensure that the overall hiring

result best reflects both the employer’s business interests and the applicant/employee’s

legitimate concerns. Accordingly, before initiating the hiring process, an employer should

carefully consider the objectives that will inform the hiring decision.

QUESTIONS AN EMPLOYER SHOULD CAREFULLY CONSIDER PRIOR TO HIRING

  • What exactly is the business need the employer is trying to address with this particular employee?

  • How does that business need translate into a clear job description for the employee?

  • Given the job description, what education and experience should a successful applicant possess?

  • Will this employment be for a distinct period of time, or should it be indefinite, terminable at will by either the employee or the employer?

  • How will this new employee fit into the workplace hierarchy and be properly classified in terms of compensation?

  • How can the employer ensure that candidate advertising, interviewing, and evaluating remain focused on legitimate business considerations, such as those listed above (and are not led off track by extraneous factors)?

  • What must be done, or avoided, for the employer to prevent a miscommunication of intentions or the creation of false expectations?

  • How can the employer ensure that hiring and employment occur within an overall environment of fairness and equal opportunity?

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