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The Hiring and Firing Question and Answer Book





AcknowledgmentsHiringCommon Questions About the Hiring ProcessWhat are the key employment laws related to hiring?What's the most effective recruitment method?What are my company's responsibilities regarding negligent hiring and retention?What records must I keep and for how long?How should I complete Immigration Eligibility Form I-9?How should I retain Form I-9?Am I obligated to have an affirmative action plan?How do I make diversity a key goal of our hiring process?Can I insist that new hires sign mandatory arbitration agreements?How do I determine whether someone is an employee or an independent contractor?What are reasonable accommodations?How do I determine what accommodations will be necessary for applicants with disabilities?Recruitment ToolsHow do I structure an employment application to get the most information?Do candidates need to fill out an employment application, or will a resume suffice?Should I test applicants?How do I validate tests?What are the benefits of working with recruitment advertising agencies?How do I maximize my working relationship with contingency and retained search firms?How do I negotiate fees and guarantee periods with search firms?How could research firms and outplacement organizations help me recruit new hires?Will an employee referral program work for my company?Should I consider sponsoring foreign workers and offering them green cards?How do I temporarily sponsor foreign workers using an H-1B nonimmigrant visa?Should I directly recruit candidates from competitors?What role should temp-to-hire staffing play in my organization?How do I initiate a campus recruitment program?How could a recruitment brochure help me market my company to prospective new hires?Online RecruitmentWhat are the advantages and disadvantages of recruiting on the Internet?How can I begin recruiting online without generating expenses for my company?What are the most effective fee-paid Web sites?How should I write an online job ad?How do I make the most of my corporate Web site?How do I increase traffic to my corporate Web site?How do I harvest resumes from online databases?How can I reach passive job seekers online?How do I develop an integrated online recruitment program?InterviewingWhat are the three criteria used in selecting high-potential hires?Can I prescreen candidates with a telephone interview?How do I interview a candidate when I don't have a resume in front of me?How do I balance the company's needs with the candidate's requirements?What kind of notes should I take during the interview?How formal should an interview be?Are there any specific questions that should become a staple of every interview?What is behavior-based interviewing?What are the three biggest mistakes that interviewers typically make?How do I interview technical candidates when I'm not a "techie" myself?How do I interview Generation X job hoppers?Whatare the ten most common interviewing questions that could cause legal problems?Making the Final SelectionHow can I conduct an effective reference check?What questions yield the most useful information in a reference check?May I deny employment to job applicants who have been convicted of a felony or misdemeanor?Should I hire a background investigation firm?How do I select a background investigation firm?Should I institute drug testing for all new hires?How do I decide between two good candidates?Should I hire on the basis of gut feelings or vibes?How do I take the wrinkles out of the salary negotiation process?How do I prevent candidates from leveraging counteroffers?Can I rescind an offer before the start date if I change my mind?How do I compose a job offer letter?II. FiringCommon Questions About the Performance Management and Termination ProcessWhat is progressive discipline?What does it mean for an employee to be hired "at will''?How do I communicate the employment-at-will relationship to my workers?What is a 'probationary'' period?How do I conduct an internal investigation of an employee accused of misconduct?How should I conduct internal investigations regarding sexual harassment or discrimination?Should I allow an employee to 'resign by mutual consent''?How do I discipline someone for attitudinal behavior?What does it mean to fire 'for cause''?How should I handle poor performance?How can I encourage an underperforming and unhappy employee to leave the company when we haven't begun the progressive disciplinary process yet?How do I maximize exit interviews?Progressive DisciplineHow do I administer progressive discipline?How do I ensure that the progressive discipline is fair?What are the most common kinds of disciplinary infractions?How do I 'bundle'' separate performance infractions?How do I determine what level of progressive discipline is appropriate to the offense?What is an appropriate disciplinary time window?Is it a good idea to remove disciplinary warnings from an employee's file?How do I document my concerns on an annual performance review if I haven't discussed those issues with the employee in the past?Can I dock a worker's pay for substandard job performance or unacceptable conduct?What's the most effective way to deal with excessive absenteeism problems?How do I handle employees who pattern their unauthorized absences around their regularly scheduled weekends?How does FMLA limit my right to discipline employees with excessive absenteeism problems?How can an EAP (employee assistance program) help?What're the three biggest mistakes that employers make when documenting discipline?What are letters of clarification?What if an employee refuses to sign a written warning?Should I rebut a rebuttal or allow the employee to have the last word?Can a union employee demand that a steward be present at a progressive disciplinary meeting with management?Can a nonunion employee demand that a coworker be present at a progressive disciplinary meeting with management?Terminations for Cause and Summary OffensesHow long do I have to terminate an employee after a final incident occurs that violates prior warnings?Should letters of termination be specific or generic?If an employee gives two weeks' notice of resignation, are we permitted to let the employee go that same day?How do I handle job abandonment?Can we terminate an employee for egregious behavior at a company party?What is the best way to conduct an employee termination meeting?What if l suspect that an employee may react violently to being terminated?How can I allay some of the anxiety and depression that come with termination?How do I announce that an employee has been terminated?Reductions-in-Force (RIFs) and LayoffsWhat do I need to know before laying someone off?Can I lay off a substandard job performer rather than terminate for cause?How do I select who should be let go?What do I need to consider when there are union contract "bumping" provisions?Will our union contract prevent us from outsourcing one of our departments?How much notice am I obligated to give employees who are about to be laid off under the WARN Act?What's the best way to handle the actual layoff meeting with the employee?Should a release or separation agreement be prepared for terminating employees?Should I offer to provide displaced workers with letters of recommendation?How valuable is outplacement as a tool to help my laid-off employees find new jobs?How do I choose an outplacement firm?Will my displaced workers have any trouble getting unemployment insurance?Glossary
 
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