How Employers Can Protect Themselves During The Hiring Process

How Employers Can Protect Themselves During The Hiring Process

Consistency, accuracy, documentation and follow-up are the essential aspects of a successful hiring event.

By Ben Young, Christie Vu and Gregory Boornazian

The foundation of a strong hiring process is consistency. Not only can it save time and make it easier to assess candidates, it can facilitate fair hiring and support the organization against any future job qualification or expectation disputes.

The backbone to a consistent hiring process is documentation. This includes notes on promised benefits, signing offers and any red flags with each candidate. If all communication, references and assessments are documented, employers can make sure each candidate receives the same information, is evaluated on the same criteria, and understands the expectations of the role.

Here are four best practices to building a consistent and well-documented hiring process:

  1. Start with an accurate job description.

If the job requires the worker to lift 100 pounds but it wasn’t listed in the job description, the employer may not be able to lawfully fire them once hired for not meeting that expectation. On the other hand, it is possible to disqualify an applicant who does not meet a qualification that is stated in the job description, as long as the employer can justify that requirement.

  1. Stay neutral in documentation and reporting.

Hiring decisions cannot be based on emotions because personal opinions are risky for employment practice liability. When documenting an applicant’s experience and interview performance, it is important to stick to the facts. Note both the positive and negative aspects of each candidate in relation to the job qualifications.

  1. Formalize the offer process.

A great way to do this is with a hiring letter that records the terms of employment. This letter should be consistent across positions within the office, including the same data points such as pay, sign-on bonuses, benefits, performance review schedule, and all other key terms decided upon hiring.

  1. Follow up with each applicant.

It’s a good practice to reach out to each applicant, even to notify them that they were not chosen to move forward in the process so they’re not left waiting and wondering. Stay generic and consistent. There is no need to explain the reasons why they did not qualify.

By following these four best practices, employers can ensure their hiring process is a smooth and streamlined event.

For more insight on today’s changing employment landscape, check out our eBook: Navigating the Complicated World of Hiring, Firing, & Retaining in 2023.

This information is intended for informational purposes only. Protector Plans Executive Liability is not liable for any loss or damage arising out of or in connection with the use of this information.