Hiring and Firing: How to Do It Right

Complete Seminar Details

Hiring and Firing: How to Do It Right

AGENDA

I. How to Define Legal Job Criteria and Legally Find and Qualify Applicants

• A. Establishing the legal “baseline” for hiring
• -- 1. Defining job criteria within employer’s legal freedom to do so
• -- 2. Job criteria based on “job-relatedness” and “business necessity”
• -- 3. Legal recruiting: advertising, agencies, referrals, oral promises
• B. Pre-employment activity
• -- 1. Job applications and interviews
• -- 2. Testing for: aptitude, psychological profile, honesty, genetic pre-dispositions, physical agility and dexterity
• -- 3. Screening for drugs and alcohol
• -- 4. Medical examinations and reviews
• -- 5. Confidentiality and defamation issues

II. Background Checks & Hiring Decisions

• A. Background checks
• -- 1. Verifying information on the application and checking references
• -- 2. Fair Credit Reporting Act implications
• -- 3. Checking credit history
• -- 4. Lawful bankruptcy discrimination
• -- 5. Criminal background checks and lawful arrest/conviction record discrimination
• B. Hiring decision issues
• -- 1. Restrictions by available applicant categories
• -- 2. Immigration law requirements
• -- 3. ADA requirements
• -- 4. Medical insurance issues
• -- 5. Lawful conditions of employment
• -- 6. Compensation and work schedule issues
• -- 7. Negligent hiring liability
• -- 8. Record keeping

III. Contingent Employees - Joint Employer Issues with Temporary And Leased Employees Under Various Arrangements

IV. Overview of Confidentiality Agreements, Non-Compete Agreements And Non-Solicitation Agreements

• A. What are they and when should they be used
• B. Full disclosure to the applicant
• C. Providing adequate consideration
• D. Enforceability

V. The Termination Process

• A. Limitations on the employer’s right to terminate
• -- 1. Employment contracts and oral agreements
• -- 2. Personnel policies and handbooks
• -- 3. Vulnerability to claims of retaliation
• B. State and federal wage and hour issues
• C. Documentation of the decision and the process
• D. Insurance and benefits continuation/conversion issues
• E. Separation and release agreements

VI. Information Disclosure Issues

• A. Confidentiality of personnel records and information
• B. Public sector records
• C. Lawful employment verification and references
• D. Duty to warn
• E. Defamation, invasion of privacy, etc.
• -- 1. Staff discussions
• -- 2. Third party disclosures

Sponsor Background:

Specifically, Sterling Education Services, Inc. offers seminars on timely topics relevant to succeeding in the constantly changing economic, legal, and cultural environment within which professionals, educators, governmental units and agencies, businesses, non-profit entities and individuals must operate today. Sterling Education Services brings its seminars to you, enlisting faculty members from among the most distinguished professionals in your area, who are experts in topics they are presenting.

You can attend a Sterling seminar in your own community, and learn what you need to know from people you know and respect, all at a reasonable fee. You will also receive hand-out materials that are permanently bound into a reference book that will be a valuable resource after the seminar. If attending a particular seminar that you need doesn't work for you, the seminars are also available on audio tape. We look forward to serving you.