Poor hiring decisions this holiday season could turn a profitable season into a costly distraction. Well-planned hiring practices that comply with federal, state and local employment laws can help ensure seasonal employees are well-suited for the job.
These practices can also keep the company in a good position to defend any possible claims.
Here are several tips to ensure success and keep the peace in your workplace.
Carefully review application materials
Avoid becoming an employer who concludes "if I had only reviewed the application more carefully" during ongoing litigation. Meticulously examining applications will alert you to significant gaps in employment history. Watch for other red flags such as the use of P.O. Boxes and 1-800 phone numbers, as well as blank spaces concerning whether someone has been convicted of a crime.
Listen to the applicant
Applicants for seasonal employment need to be interviewed thoroughly. During the interview process, employers should ask prospects to clarify any unclear information on their applications, allowing employers to test applicants' truthfulness and gain more insight into their personalities, character and motivation. The goal of the interview should not be to sell the applicant on the job, but to gather details about the person's employment history. Remember not to ask unlawful questions about age, ancestry, marital status, religion or other protected categories.
Check references
Employers should be sure to check references. One short telephone call might provide information that can save the company time, money and a lawsuit. A good neutral question to ask is if the applicant is eligible to be rehired at his or her prior job.
Use an offer letter
Even with seasonal employees, the first line of defense against claims can be a signed offer letter. The use of a short, customized letter can help prevent wrongful termination claims. The applicant's signature verifies the terms of employment and the limited maximum duration of the job.
All the usual rules apply
Inform seasonal employees that the company does not tolerate discrimination or retaliation and have them sign an acknowledgement documenting they have been so advised. You can be just as liable for the misconduct of a seasonal employee as you would for a regular employee.
Remember, even though temporary, each person hired must complete the necessary I-9 form, and minors must have all required permits. For example, Washington requires employers to get a work permit endorsement for each worksite where they employ minors. Also keep in mind that minors can only work limited hours, especially during the school week.
Check your benefits policies
Review your benefits policies to determine if seasonal employees are included. Failure to provide required benefits can lead to expensive consequences.
These suggestions are just a few actions employers should consider in preparing for what promises to be a busy and stressful season. Implementing this prep-work in advance can help minimize unnecessary "to-dos" this holiday season and avoids a potential holiday "hangover" for employers hiring seasonal staff.
Clarence Belnavis is a partner at Fisher & Phillips LLP, handling labor and employment matters including, but not limited to, wage and hour law, employee benefits, trade secret/unfair competition and immigration matters. Belnavis lives in Vancouver.
