Week 08 Midterms
Week 08 Midterms
Ask for specifics about the candidate’s work responsibilities and how those responsibilities were fulfilled. Using a summary statement
may make it easier for a reference to overcome any hesitation to fully respond to further questions. Thank the contact and ask permission
to call again if there are further questions.
Legal Aspects of Reference Checking
One of the first things firm representatives will discover about employment reference checking is that it is more easily said than done.
Employers who will freely provide information in response to a reference check are the exception. Based on the advice of legal counsel,
many employers have adopted policies to protect themselves from costly litigation from former employees. In the course of conducting
reference checks, firm representatives will encounter policies such as these:
• No comment: These employers will not provide any information about previous employees.
• Factual information only: These employers will provide only basic factual information about former employees such as dates of
employment, position title, last salary, and eligibility for re-hire. The company may or may not require a waiver to release this
information.
Week 08 Midterms Page 1 of 4
AR 542: BUSINESS MANAGEMENT AND APPLICATION FOR ARCHITECTURE 2
MIDTERMS LECTURE HANDOUTS
• “900” numbers: Many large firms have installed “900” telephone numbers that will provide computerized voice response to
employment reference and verification inquiries.
The legal concepts associated with employment reference checking include the following:
• Defamation of character: Communicating to another person information that is false and injurious to the reputation of an employee
or former employee.
• Qualified privilege: An exchange of information between employers who have a common interest in hiring qualified applicants
regarding the previous work history of an employee. The employer providing the information is protected from suits for defamation
if the statements regarding an applicant’s previous work history are made in good faith to persons having a legitimate need to know.
• Negligent hiring: Failure by a prospective employer to adequately check references or to gather information relevant to the hiring
decision. If a prospective employer knew or should have known, based on a reasonable inquiry into an applicant’s background, that
the person was not suitable for the position and subsequently places a dangerous or unqualified individual in a position where they
can harm coworkers or third parties, the employer can be held liable for the employee’s acts.
• Negligent referral: The act of failing to disclose certain types of information. Failing to provide negative information in response to
specific questions from one employer could be grounds for substituting or transferring liability to the other employer. An employer
who refuses to provide references may believe that this is the safest approach to take with regard to reference checking. However,
this approach is not risk-free. Failing to provide negative information in response to specific questions could be grounds for
substituting or transferring a company’s liability to the individual who withheld the information. The legal argument could be easily
made that had the negative information been provided when requested, the company would not have hired the applicant. This
argument would be especially convincing if the information withheld is so negative that the applicant would not have been hired had
the other employer known about it.
Offer Presentation
Presenting the Offer
Put the job offer together. Review the company’s budget and compensation
packages for similar positions. Compare the candidate’s current benefits package
to the company’s standard employee benefits. Include whether the company will
offer additional incentives such as a signing bonus, additional vacation days, or
waiving the waiting period for insurance and retirement benefits.
Telephone the chosen candidate. Tell the candidate they impressed you at the
interview and you feel they would fit well with the firm’s culture. Provide the
candidate with an overview of the firm’s philosophy and why they, specifically,
were selected. Explain that the firm would like to extend a job offer.
Discuss the details of the offer. Share the starting salary for the position and any
additional terms that have been previously discussed and agreed to. Include
information about other company benefits, such as flextime, tuition
reimbursement, and paid training opportunities. If the firm requires the
signature of a non-compete or other type of employment agreement, this should
have been discussed prior to presenting the offer. Ask the candidate if there are
any concerns that prevent them from accepting the offer as it has been
communicated. All too often, firms spend abundant staff time and resources to
get a candidate to this point, only to discover the entire process has merely been
to get leverage for the candidate to negotiate a better compensation package at
their current employer.
Give the candidate a specific time deadline to respond - no less than 48 hours, no
more than a week. The candidate must know how long they have to make a final
decision. Explain the process for accepting the position and whether the
candidate can respond by telephone or if they must respond in writing. Ask the
candidate for questions and provide answers. If you don’t know the answer,
research it and respond within 24 hours. Send the letter via overnight delivery to the candidate confirming the offer you stated on the
phone. Include compensation and benefit information in the letter. Request that the candidate sign and return the letter within three
days.
2. Use technology to streamline the process. If it’s not possible to have new hires complete all paperwork prior to their first day, make
the forms available online, so employees can complete this portion of the onboarding process more quickly.
3. Get the managers involved and keep them involved. Train managers how to handle the onboarding process effectively. Give them a
comprehensive checklist to help them walk new hires through the process. Managers should make employees feel like they are
contributing and adding value to the organization as early as possible in their employment.
4. Create a strong mentor system from the beginning. Relationships are key to making employees feel welcome and valued. If a new
employee will be working in-house, arrange a comprehensive tour on day one. Assign the new hire a mentor or buddy to help them
settle in, and introduce them prior to the start of the engagement. Also make sure that the employee’s first few weeks are populated
with meet and greets with key leadership, clients, and business partners. If your new employee is going to make an impact, they need
to know who the players are.
5. Educate new employees about the firm’s cultural values. Introduce new hires to the company’s cultural values and weave those values
into conversations, one-on-ones, and team meetings. Again, start this early and continue consistently throughout the employee’s
engagement.
6. Establish clear performance expectations to engage employees. Give employees their job descriptions and written outlines of their
performance objectives upfront. Schedule regular performance conversations to formally discuss how they are measuring up to those
objectives. Don’t reserve feedback just for scheduled performance discussions-make it a frequent, spontaneous event.
While these practices are applicable mostly to larger firms, small and midsize firms can be less formal and perhaps more personable.
Nevertheless, the key components of onboarding, including orientation, job expectations, and meeting key personnel, will still be
essential.
Effective onboarding can enhance employee engagement, increase productivity, and ultimately lead to higher rates of retention. Don’t
take the standard sink-or-swim approach to onboarding new hires that fails so many firms. Start early and touch base often to give
employees the kind of employment experience they won’t want to leave.