We read in the news that the economy is improving, and unemployment is dropping slowly. The recent labor market outlook surveys show that a majority of employers are somewhat optimistic about job growth. This article discusses a few of the issues you should consider before rehiring or hiring in this post recession job market.
Employers will likely encounter large applicant pools due to the number of currently unemployed individuals. This will pose challenges for screening applicants to ensure you find the right employee. Also with many applicants competing for few jobs, there is the increased possibility of claims of discrimination, as many of those who were laid off during the recession may be in protected classes. Applicants that have been in the job market for awhile can be more challenging. For instance, we are seeing an increase in applicants calling back after being turned down for a job saying, “I felt like the interview was going well, until the interviewer asked about —. I think that is why I wasn’t selected.” This makes it all the more important for employers to develop a recruitment plan for finding the right employee. The plan should be consistently followed in order to document the reasons for selecting an individual applicant, and the reasons why others were not.
In this and following posts, we will review the following areas:
- Job Descriptions
- Advertising
- Screening
- Applications
- Interviewing
- Record Keeping
- Temporary Workers
- Layoffs and Rehiring
Job Descriptions. The job description is the first step in the recruitment process. A good job description accurately reflects the essential functions of the job. It should include the skills, knowledge, qualifications, and experience required. It is important to include the physical requirements of the job to evaluate applicants with disabilities. An applicant with a disability, like all other applicants, must be able to meet the employer’s requirements for the job. A good job description can assist you in this process of evaluation.
Advertising. Describe the position in the advertisement consistent with the job description. Consider placing key criteria for selection in the advertisement to assist in the screening process. Avoid terms that would have a discriminatory affect, for instance “energetic, young, professional”. You may want to consider local workforce development organizations that work with displaced workers. They may have programs that will assist you in the screening process. Maintain a copy of all advertisements as part of your hiring records.
Screening. The screening process for a large applicant pool can be overwhelming. Consider phone interviews to help sort through resumes or applications. Many employers also use pre-employment testing. While testing tools can assist you in determining the most qualified applicant, they can violate antidiscrimination laws. Therefore, employers should consult a professional before using personality tests or other standard tests, as they might not be in compliance with the law for certain positions. Tests that are generally accepted if applied to all candidates for a position are typing, computer skills test, or job task demonstrations. For instance, if lifting is required, you can ask applicants to show they are able to lift the necessary weight.
Applications. Ensure that your employment application is legal and accurate. You should have a question about criminal convictions with appropriate legal limitations, whether the employee can perform the essential functions of this job – with or without reasonable accommodation -, and can they meet the attendance requirements of this job. An application that complies with federal and state laws is available on our website.
In our next post, we will review Interviewing, Record Keeping, Temporary Workers and Layoffs & Hiring.
(Source: EPLI Pro, March, 2010 Newsletter)

Upon entering the HR Outsourcing relationship with the practice, a CPEhr Human Resources Specialist immediately began to review their policies and employee documentation. Many gaps in employment protocol were identified. An array of new employment forms were created, compliant procedures were implemented and new guidelines were put into practice. The Director and Office Manager received training on proper employee review and termination procedures, and their designated HR Specialist was invited to attend exit interviews and assist in the termination process.
According to the U.S. Government Accountability Office (GAO), the IRS claims to lose millions of dollars in uncollected taxes each year due to independent contractor misclassification by employers. As such, as part of a national research project on employment taxes, the IRS is scheduled to audit 6,000 randomly selected companies ranging from large to small firms and even non-profits. The goal of the program, which is scheduled to last from 2010 to 2012, is to create a scoring system for employment taxes. The audit will focus on the following items: failure to file, fringe benefit issues, executive compensation (including stock options) and employees misclassified as independent contractors.
Guest post by: Stephanie R. Thomas, Ph.D.

