Whether you operate in a for profit or not for profit organization, there are certain fundamental guidelines that should be observed in order to not only engender confidence in the process and the decision that is made but also avoid potential legal claims and other adverse consequences. The purpose of this memo is to outline these guidelines.
Before You Start
(a) Members' Role. Each member should understand his or her role and mission, the concept of equal employment opportunity, and advise of any special interest or conflict in the selection process at the outset.
(b) Members' Understanding. Each member must know the job description, the selection criteria, and the objectives of the process.
(c) Members' Duties. Each member must be willing to be available for meetings and interviews, follow the guidelines established, and exercise independent judgment.
Relevant Polices and Guidelines. The organization's search and hiring policies or guidelines should be reviewed thoroughly, understood, and followed.
Confidentiality. Application materials and resumes are provided to committee members for the express purpose of assisting in the evaluation and selection process. Each committee member must understand that any act that compromises confidentiality also compromises the integrity of the committee and selection process. This needs to be a continuing point of emphasis with committee members.
Assessment and Capabilities Matrix. Prior to the formation of the committee, the organization should have performed an assessment or prepared a capabilities matrix that reflects the current strengths and weaknesses of the position targeted and sharpens the focus on the strengths and capabilities of the type of candidate sought. This provides a good "landscape" picture or overview for the committee as context for the search.
Position Description and Requirements. These requirements are pre-established by analysis and a position description. They should be considered as the minimum necessary to perform the essential functions of the job.
Timeline. A timeline should be developed at the outset of the process. Often, it is useful to work backward from the target start date contemplated. It is important to set aside sufficient time to perform a complete and effective search. Build extra time into the process to allow for false starts, scheduling conflicts, and the possibility of having to move on to a second or third choice.
The Selection Process
Personal Approach. The law requires fair consideration of all applicants. The law does not prohibit, and you can certainly use, a personal approach to recruiting candidates. Sometimes, outstanding candidates are initially reluctant to apply for advertised positions and can be approached by a search committee if identified. Of course, all equal employment opportunity and affirmative action requirements must be met.
Screening and Selection Criteria. The ultimate goal is to hire the "best" candidate. However, establishing who is the best candidate is more challenging. It is important to establish the criteria and rank each prior to the beginning of the process. Once established, you should generally adhere to the criteria and ranking. You can make changes if deemed necessary during the process, but it is legally important that the selection criteria and methods of assessment are applied consistently to all candidates.
Interviews. Committee members should be provided with interview guidelines and a list of approved questions. Committee members should receive some minimal training or guidance in how to conduct appropriate interviews and counseled about areas to be avoided. Of course, committee members can or may go "off script," and that should be encouraged so long as each committee member understands the interview guidelines and adheres to them.
The Recommendation and Confirmation
Meet and Recommend. Once all of the final round interviews are concluded, all of the committee members should meet and discuss. There is nothing in the law that requires a committee to unanimously select a candidate. Sometimes, a majority is sufficient. Often, unanimity is preferred. If there is strong dissenting opinion, and members request that it be recorded "on the record," the committee's minutes should contain a brief statement of the discussion and the reasons for the majority's and minority's positions. Such information, prior to being finalized, should be reviewed by legal counsel, so that the minutes accurately reflect the process and the outcome.
Confirm Required Documents. The committee or Human Resources should confirm that any academic records or transcripts, diplomas, professional registrations or licenses required have been received, reviewed and authenticated for the leading candidates. Confirm that the I-9 form (with copies of verifying documents) has been or will be made available. Reference checks, criminal history checks, motor vehicle records checks, and credit checks (as necessary or required) should be complete and verified.
Confirm (and Confirm Again) the Decision Prior to any Offer. Once the selection is made, the entire process should be reviewed for consistency and quality. If there were any errors or doubts, now is the time to raise and resolve them while the process is still internal. Once an offer is made, the committee loses any possibility for a graceful "do over," and may face legal action by an aggrieved candidate. If the CEO or other senior executives are not directly involved in the selection process, they should be apprised as the process moves forward and provided with relevant information available to committee members if necessary prior to any offer being made. Avoid the trap of moving forward only to be told too late that a key decision maker believes the process to be flawed or the selection decision was incorrect. Being forced to withdraw an offer or backtrack in the process is, at minimum, inefficient and may very well call into question the competence, objectivity, or motives of the organization if the action becomes public.
Post Offer and Acceptance
Document the Selection Process. From a legal perspective, it is important to assemble accurate and complete records of the selection process. It provides the legal basis for the decision, and it can also serve as a model for future selection processes since the committee may be entirely reconstituted the next time a selection needs to be made. Legally, employment records (including applications) must be maintained for up to three years, i.e., one year for the CRA and ADA, and three years for ADEA, FLSA, and FMLA. Your organization's record retention program may require longer periods.
Welcome and Orientation. Just as you have engaged in a process for recruitment and selection, your organization should also have a standard process to welcome the new employee and provide an orientation commensurate with the organization level for which the candidate was hired. You have invested time and effort in the selection process, and it is also necessary to make special efforts to welcome and introduce the selected candidate into the organization and the community.
No Contact Order
How will police/prosecutor know if a no contact order has been violated if the victim does not report it being violated? Will they ask for phone records?
I am new mom, & was caught for shoplifting at WinCo Foods, in California. It was an honest mistake; my 6mth old daughter was sitting in the card & playing with the Gerber snack bag, that I got her. As my purse diaper bag was sitting right there, must have accidentally put it in there. As I am always carrying snacks, milk in her diaper bag, I did not realize that the Gerber snack bag, in my Diaper was the one I had just gotten it.
When we walked out of Winco Foods, CA there was cop & a store employee was waiting, & took me there office above. They wanted me to sign paper that said, I can no longer go to any Winco Foods, for 100 yrs. Also, I am being fined for $250 + $2.48, for the goods.
I had made a purchase of $51 so why would I steal a $2 item.
The lady cop, was rude, & I asked several times, is there way to fight it or talk to someone, even talk to the store manger. She told me, there is no one besides her I can talk. After I leave the store, I cannot even call the store or talk to the manger or anyone else about it.
At this point, I don�t care about ever care about going back to Winco, as they don�t even give an option.
The question that I have is since there was no criminal action taken, is my file closed? I wonder who has access to this information and will it follow me for years to come, or can I stop worrying and put it behind me? I just dont want this kept secret and to forget all about it. Is there a way I can fight it somehow, or even do community service. Even though I had not meant to steal anything, it was done unknowingly.
This was my first time, & am scared that is my life over.
unlawful arrest
i called 911, i ask for medical attention for a man that had been beaten, they sent the police, the beaten man was arrested for assault. the beaten man became mouthy to the police he was then booked for interfering with a officers duties he aso told the beater who wasnt arrested that he'd get him. does this injured man have any defence
LLC Questions
I have found my 50% partner in a LLC has written checks for $1200 for personal business without my knowledge but paid the full amount back. Can he be sued for this ?
We do not have any articles or corporate bylaws written