‘Hiring and Staffing’ Category
Do we have to have a job application for employees who are rehired during school breaks – Christmas, spring, and summer?
An employment application is an important part of the hiring process even when rehiring a previous employee. Employment applications whether in print or online give the employer a legally defensible listing of the applicant’s education, work history, credentials, and attestation to criminal convictions or similar inquiries, if permissible in your state. Requiring applications for rehires ensures the employer has up to date information on file. Additionally, if certain credentials or certifications are necessary for employment the employer has the obligation to ensure such items are up to date. By not mandating the applications an employer may be leaving itself open to unnecessary risk.
The level of risk assumed by not requiring rehires to complete applications depends on the industry. Let’s say a daycare center employs seasonal workers during the summer months. The company prefers to rehire the same workers each summer. The initial employment application requires the applicant to confirm he has a valid driver’s license and disclose his driving record since he will be responsible for transporting children on day trips. On the initial employment application the applicant stated he had a valid driver’s license and a clean driving record. Now, two summers later, assuming the employer doesn’t require rehires to complete new applications, the same employee has a vehicle accident with several daycare children injured in the collision. Upon investigation it’s discovered that the worker has been convicted of several motor vehicle violations including speeding and DWI. Additionally, his driver’s license is currently suspended. If the employer would’ve known this information prior to rehiring the individual appropriate measures could have been taken to avoid the unfortunate situation. The employer may have chosen not to rehire the employee or at least rehire the employee with the agreement that he is not allowed to transport children.
Another example is a retailer hiring seasonal employees. The retailer tends to rehire the same workers each season and requires each previous employee to complete a new employment application as well as go through the standard hiring process ie background check, drug screening etc… This season the retailer discovers that one of the normal rehires was fired from his last employer for stealing from the company and was convicted of shoplifting. Understandably so, the employer chooses not to rehire the worker.
It’s up to you to determine if taking a few extra steps to screen rehires would be beneficial to your company. Keep in mind that your due diligence can go a long way in avoiding potential risks for your company and staff.
Can you ask on an employment application if the applicant has ever failed or refused to take a drug test?
The legal issue here is that by asking about an applicant’s former drug use, you may be getting into Americans with Disabilities (ADA) territory. The ADA protects former drug users who have been successfully rehabilitated. Current users are not protected, but this information would theoretically be obtained via pre-hire drug testing.
Additionally, hiring and other employment decisions should be based on the applicant’s ability to perform the job. Whether or not an applicant used drugs in the past is not really relevant to his or her ability to perform a job now, so this line of questioning is inappropriate for the application and interview stage. If you wish to ascertain whether or not the applicant is currently using drugs, a pre-hire drug test would be the way to go.
At my company we use a lot of panel interviews of 3-4 interviewers for our selection process. We know we need to document interviews with questions and candidate responses for each interview session that takes place, but with multiple members on a team is there any need to get notes from each individual interviewer, or just one set of notes for each interview?
- The purpose of using several interviewers is presumably to obtain feedback from each. If you are going to use the feedback of each individual, it is recommended that you maintain documentation from each.
We have an employee who has exhausted her fanily leave and will be terminated. Can we hire her back in another position if one comes available later.
- Yes, it is legal to do so unless your company has a no-rehire policy in place.
In the state of Tennessee, how many hours in a 24 hour period can a company require you to work? My shift begins at 5pm and is supposed to end at 5am. This morning, my relief did not show up. How long can the company make me stay? This is not the first time this has happened.
Except for certain jobs that are considered potentially hazardous, such as mining or commercial transportation, there is no legal limit to the number of days or number of hours per day an exempt or nonexempt employee may be required to work.
Nonexempt employees must, of course, be paid overtime for any hours worked in excess of forty in one workweek per the federal Fair Labor Standards Act (FLSA), and some states impose additional overtime requirements. Exempt employees, on the other hand, do not receive overtime pay, regardless of the number of hours or days they work in a workweek, but there is no legal limit to the amount of time they may be required to work.
In the interest of employee safety and morale, it is wise for employers to allow an adequate amount of time off for exempt, as well as nonexempt employees, but there is not a legally-mandated amount of time off required.
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