Posts Tagged ‘layoffs’

8 Things You Need to Know BEFORE Rebuilding Your Workforce – Part 1

Wednesday, March 17th, 2010

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:

  1. Job Descriptions
  2. Advertising
  3. Screening
  4. Applications
  5. Interviewing
  6. Record Keeping
  7. Temporary Workers
  8. 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)

Disclaimer

Recruiting from the Trenches – a First Hand View of the Job Market by a Top Los Angeles Recruiter

Tuesday, February 23rd, 2010

UnemploymentWith nationwide unemployment still hovering just below 10%, and California well above 12%, we anticipate a long road ahead before employment returns to pre-recession levels. Some economists predict 3-5 years, at the soonest. What does that mean to the unemployed jobseeker, or the employer looking to re-hire?

For this post we invited our Recruiting Manager, Angela Showell, to share her perspective on what lies ahead.

Recruiting Trends

Most people tend to agree that, as a nation, our economy continues to slowly recover.  However, because California is among the states that was hit the hardest during the market’s downward spiral, I continue to hear a number of concerns from job seekers as well as employers.  The California job market (and most job markets on the whole) are still saturated with an abundance of candidates, a number of whom tend to be largely overqualified for the positions to which they apply.

This results in both the jobseeker(s) as well as employers and hiring managers being equally weary regarding what this ultimately means.  From the jobseekers perspective, especially considering that in many scenarios, days have turned to weeks and months of searching, they’re very nervous that employers are looking to capitalize off of knowing that people are desperate by offering the minimum salary to someone with the maximum skill set.  The opposite side of that coin is that employers feel that, due to desperation, many candidates will accept their (underpaying) positions and leave as soon as the economy rebounds and another higher paying position surfaces.

I know that sounds pretty grim and may not leave a lot of people feeling very optimistic, but there is good news!  In spite of these concerns, I can honestly say that my experiences with both sides directly contradicts what each side is expecting of the other.  Candidates really want the opportunity to come into a new company or environment, and to show off why they deserve to be there. They want to “earn” their keep as well as their pay, even when it’s much less than what they’re accustomed to making.

Similarly, the employers and hiring managers with whom I do a lot of business look forward to the opportunity of having someone who would normally be considered overqualified, come in and really boost the team and the company.  They would then pay the new hire accordingly, often adjusting job title and description to match the caliber of the candidate.

In sum, I’ve always believed that you get out of something what you put into it.  Even when tragic circumstances, like the worst economy in modern history, bring us together it’s something we all have in common and it’s a very interesting bond.  I believe that what will truly help us evolve and move past this terrible set of circumstances is to wipe the slate clean, stop comparing apples and oranges (i.e., previous jobs and future jobs / previous employees and future employees) and let’s give each other the benefit of the doubt so we can move on with a positive view.Thank you.
Angela Showell
Recruiting Manager, CPEhr

How To Avoid Employee Lawsuits – 5 Management Best Practices

Friday, July 31st, 2009

It is generally accepted in the Human Resources field that there is a direct correlation between times of recession and dramatic increases in employee lawsuits.  Even the best of companies are not safe from litigation. As employee unemployment pushes past 10%, it is natural to for employees to begin fearing for their future. Additionally, with employers scrambling to contain costs, reducing headcount is usually the first area to be considered. Employees, often feeling they have been wronged, will fight back. How? By filing a lawsuit.

The EEOC (Equal Employment Opportunity Commission) reported over 116,00 cases filed in 2008. These cases included wide range of charges including age, disability, race and gender claims. Employees won, on average, 60% of the time. Total claims paid out by employers was over $353 million!

How can you protect your company?

There are several simple steps that all employers can take to greatly reduce the vulnerability of their company. We will touch upon the key areas here and expound upon them in later posts.

1. Management must be educated. While a manager is often viewed as a leader, trainer, or director of their staff, they are often overlooked as an extension of the company. Management practices are considered employment practices, and a manager that takes a wrong step can be pinned directly back on the employer. Therefore, it is imperative that all managers AT THE LEAST should be aware of the laws, and to know when they are being violated. They are not expected to be experts, but they are expected to recognize a problem and bring it to Human Resources before acting.

2. Run an ethical organization. Employees are much less prone to file a lawsuit if they feel they have been treated fairly. Equitable and fair treatment of one employee to another will often defuse 90% of complaints; and they want to see employees that break the rules held accountable.

Remember the following – employees don’t usually quit companies, they usually quite managers.

3. Be a positive motivator and leader. Most employees are hired excited and ready to work. But as time passes, they fall into a rut and see the work as just a “job”. They lose interest, or worse, become disgruntled looking for a way out. It is imperative that managers enable their staff to maintain that enthusiasm. It may be hard, day in and day out, but with a positive attitude and a little creativity it can easily be accomplished.

4. Keep communication open. Employees who feel comfortable approaching their manager will feel less compelled to quit and file a lawsuit. A manager should be assertive – firm with set boundaries, but treats employees with respect – not aggressive.  A hostile, “in your face” attitude makes employees afraid and defensive. If concerns arise, they will not approach their manager. Instead, they may quit and sue.

5. Document! In the Human Resources field there is a common refrain, “Document everything!” If something isn’t documented, then it never happened. From a casual, verbal observance (such as, “I’ve noticed you’re coming in late. Please try to be on time”) to a formal, written warning, documentation begins the paper trail that can ultimately make the difference between a successful defense, and a failed one. Consider the following interactions; all should be documented: acknowledgments, casual observances, written warnings, performance appraisals, and input from other departments.

With an attention to the five above key guidelines, managers will be well on their way to preventing lawsuits. While it is impossible to anticipate every eventuality, management best-practices will help reduce the possibility of lawsuits, and improve overall morale and productivity.

In upcoming posts we will delve into these areas in more detail.

Layoffs in a Weak Economy – The Final Chapter: The Survivors

Thursday, June 4th, 2009

So you considered the alternatives, researched the law, reviewed the employees to be let go, and you do it. Now what? More often than not, the remaining employees will most likely be responsible to pick up the workload left by their departing coworkers and it is likely that the morale of all the employees will be affected.

Don’t forget the human side of downsizing.

Employees are people too. Whether you intend on keeping, or firing an employee, treat them fairly and with respect. Recognize that layoffs affect all employees, not only those being let go, so show compassion in all your activities; it is likely to go a long way in shoring up the respect of your staff.

Bonuses and incentives.

Best practices encourage bonuses or recognition rewards to show your appreciation for your staff. In tough economic times this may not be feasible, but many inexpensive incentive programs exist. Be creative, think out of the box, and you and your remaining staff will enjoy a successful business relationship.

Remember – you are not alone.

While the process of downsizing can be painful for any size organization, know you are not alone. Unfortunately, our unemployment statistics tell us many employers are going through some level of layoffs as well. Some are confident to go through the process alone. However, many are not, and have reached out to professional HR firms to assist them through this difficult period. If you anticipate laying off staff, we  highly recommend contacting an HR Consulting or HR Outsourcing firm to help you. CPEhr has a team of experts ready to guide you. Be confident you are doing the right thing!

Layoffs in a Weak Economy – Consideration #3 – The Selection Process

Wednesday, June 3rd, 2009

Once you’ve determined you must let staff go, and you’ve researched all the relevant laws and guidelines, your next step is to determine WHO to layoff.

A specific selection process serves as a documented method of selecting employees that are laid off. A written documentation of the process will defend the organization against discrimination charges like American with Disabilities Act (ADA), Title VII, California’s Fair Employment and Housing Act (FEHA).

“Seniority and performance appraisals are common methods in selecting the employees that are laid off. Selecting a process and consistently applying it will help if faced with unlawful termination claims,” says Linda Robinson, CPEhr’s Training Manager.