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Name of the Street is New Way

The New Right Way to Hire

In a recent episode of The HR Life Podcast, my co-host and I talked to Ryan Kohler about the current state of AI, and it has left me contemplating the changes that are coming to business.   Most of us Gen Xers remember when we could program the VCR and our parents couldn’t. We were warned by our parents, teachers, and employers that the new required skill for everybody in the workforce was the ability to continually learn. Keep taking classes, go to seminars and conferences, adapt, and learn. All of that has come to fruition and is now commonplace. Gen X has done a pretty good job of that. Most of us who are professionals adopt new technology, keep abreast of the latest best practices, and are continually looking for new learning opportunities.   But that isn’t enough.   Most employers hire for experience and skill, looking for the person who has been there, done that, has the T-shirt, and is willing to do it again. The problem now, however, is that change is moving so fast that skill and experience might actually undermine positional progress six months from now. The person with the most experience may be reluctant to allow AI to replace some best practices that have been honed over the last decade, for example.   To what degree that is going to be the case, nobody knows yet, but it will be a factor for sure. If recent graduates booing commencement speakers is any indication, the reluctance by employees to rapidly adopt the latest technology may become a major factor. “What will push your company forward: the new hire who boos technological advances or the one who will automate your office staff’s administrative work, freeing them up to do other things?” This leads to the point of another recent guest on the podcast, Bryan McCurdy. Bryan makes the argument that you can’t hire based solely on skills and experience because finely honed skills may become obsolete so quickly that they become a hinderance to the business.   Experience may be an impediment to keeping up with change because a person can rely too much on it and not look for new, more efficient ways of accomplishing the same tasks.   That is why Bryan recommends hiring for aptitude and attitude over skills and experience. With everything changing so quickly, the most important attribute a candidate can have is the ability to adapt quickly, learn new ways of doing things, and the willingness to take the initiative to do that without being asked.   Now, don’t take the theory to unreasonable, but logical, extremes. Of course, experience can be valuable (you want an experienced doctor, for example, or an attorney who wins for most of his or her clients), but it may not be the most important factor when hiring new talent. What will push your company forward: the new hire who boos technological advances or the one who will automate your office staff’s administrative work, freeing them up to do other things?   In interviews, therefore, look for signs that the candidate is willing to wear multiple hats, research and learn how to utilize new technology, wants to build something and improve it, isn’t looking for additional money every time they take on a new challenge, and is interested in realizing the vision of the company. Do they have the aptitude to learn? Do they have the attitude necessary to grow and develop with the business? Are they hungry for new experiences and learning opportunities? (Which isn’t code for being willing to work massive amounts of hours.)   There are a lot more implications to our conversation with Ryan, and I’m just starting to contemplate what those are. Ryan isn’t the only one thinking about these things, however. Bryan is modifying traditional approaches to hiring and has provided a great blueprint for how to hire the next generation of rock-star performers who can program tomorrow’s VCRs.

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A woman shakes hands with a man over a desk.

How to Interview Candidates: An Introduction

How to Interview Candidates: An Introduction “Let’s face it, you suck at hiring people.”   This line jumped out of my television and smacked me across the face a couple of months ago. It was an ad from a recruiting company. My first thought was, “You’re a recruiter and you think the way to get business is by insulting your potential clients?”  The depressing reality of most advertising, however, is that commercials often say things because they believe you’re already thinking them.   Hiring is hard, especially for small businesses. If you only have 10 employees, then the next time you hire, 10% of your workforce will be new. That one hire can make your quarter or break it. That’s nerve-wracking, even more so if it’s your first time interviewing and hiring.   Below are five steps to help get you started interviewing the right way.   One: Be Prepared Before you ever review a résumé or contact anybody to set up an interview, you need to prepare ahead of time.  For the sake of this article, we’ll assume you already have a good job description and a good job ad. (Those are two different things.) We’ll also assume you understand the position you’re hiring for very well.   Two: Design the Perfect Employee in Your Mind Take some time and ask yourself what the perfect candidate for this position looks like.  Do they have a strong personality? Are they easygoing? How do the skills you described in the job ad come together? What is the most important attribute they possess? What does their work ethic look like? How do they apply it? What personality traits make them successful?   If you can’t describe the perfect employee, how can you find them among all the candidates you’re going to interview?  Other than technical skills, what is your team currently missing? What personality traits would help make the team more productive?  Maybe your team is full of Type-A personalities and the tension is starting to build. A more laid-back personality who isn’t easily offended might be the perfect balance.   A lot gets written about diversity, but true diversity means building a team that collectively possesses all the technical abilities, personality traits, and values needed to succeed. “You don’t have to suck at hiring, and you don’t have to pay a company 20% of a person’s annual salary to find your next rock star.” Three: Identify the Right Person Prepare questions that help you distinguish the perfect candidate from those who are merely qualified.  All of us have been told by some so-called expert that we must ask the exact same questions, in the exact same order, so we don’t discriminate against people. That’s not entirely true.  As a best practice, you should inquire about the same topics with each candidate. Doing so helps you compare applicants and provides protection against claims of discrimination. The idea that interviews must be completely rigid, however, is nonsense.   Start broad and work toward a narrower focus.  Verify skills by asking questions that only somebody who actually possesses those skills could answer. This is the technical portion of the interview. Ask about the skills listed in the job description and job ad.   The best indicator of what a person will do for your company is what they have done for other companies.  We’ll talk about behavioral interviewing another time, but the shortcut is to ask questions that begin with, “Tell me about a time when…”  Ask several of them.  Then start asking questions that help you understand personality and motivation.   A recent episode of The HR Life Podcast touched on how to do this. Give candidates a scenario that allows them to demonstrate one of the traits you’re looking for. It helps if you understand your own company values so you can determine whether the candidate is aligned with them.   For some incredible insights on how to do this, Listen to Tracie Kalmar discuss this on The HR Life Podcast.    Four: Decide Quickly Once you find the right person—and that isn’t the same thing as having two or three acceptable candidates—move quickly.  Applicants today don’t wait around while employers make up their minds. Waiting more than three to five days after interviews can cost you a great employee.   Five: Send an Offer Letter Once you know you want to hire somebody, call them and make the offer verbally.  As soon as that’s done, send a formal offer letter.  We’ll discuss offer letters another time and what should and shouldn’t be included in them, but get something formal in writing and give the candidate a deadline to respond.   You don’t have to suck at hiring, and you don’t have to pay a company 20% of a person’s annual salary to find your next rock star.  Just stick to the basics and you’ll be fine.

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Know when to call for HR Help.

When Should You Call an HR Expert or Lawyer? 

No matter how good you are at managing your small business, there comes a time when an employee says or does something that sets off legal alarm bells and you need expert advice.  Maybe they have accused another employee of harassment, maybe they have claimed you’re breaking the law and are threatening to report you to the state or the Equal Employment Opportunity Commission (EEOC), or maybe you want to be generous to them during a very difficult time and are worried that doing so may get you sued later by somebody else who wants the same treatment.    Googling the question usually gives you a very limited answer that doesn’t really apply to your situation, at best, or, at worst, is wrong all together.    When should you call an expert consultant like The Grange, and when should you call an attorney?  Below is some guidance when you should call who.    Call a Consultant: An experienced HR consultant, like The Grange, can answer most questions regarding employment law.  If an HR professional has been trained and worked five or more years, they’ve experienced 80% of the situations you’ll experience as a small business owner.  Most can explain the law and the best practices associated with handling the situation.    Claims of Harassment: HR experts can help you determine if the claim really does amount to harassment or just somebody feeling uncomfortable.  HR professionals train for this by studying the law and relevant court cases.  They can help you understand what you may or may not be liable for and what the possible damages may be.  They’ll help you avoid common mistakes that plague many small businesses.    Claims of Discrimination: Discrimination is defined as anything that is an unfair disadvantage in employment, pay, work conditions, and is based on a “protected class” under the law.    Protected classes include race, color, religion, national origin, sex (including pregnancy, childbirth, and pregnancy-related conditions), gender identity, sexual orientation, age, disability,  genetic information,  service in the military, or any other characteristic protected by applicable federal, state, or local laws and ordinances.  Some states have a longer lists of protected classes and a few have shorter lists.  “Googling the question usually gives you a very limited answer that doesn’t really apply to your situation, at best, or, at worst, is wrong all together.”  Employees who complain about discrimination and claim that it is based on one of these protected classes may have a legitimate claim.  (Hint: Just because an employee can’t connect the conduct they are experiencing with a protected class, it doesn’t mean it isn’t discrimination.) Even if it isn’t actually discrimination (the law doesn’t protect you against bad managers), complaints of bad behavior or poor management are often indicators of a serious cultural issue.   Pay Issues: Experienced HR professionals have a good understanding of basic payroll law and can usually answer most questions.  Call when you can’t easily identify a solution or need to understand the law surrounding payment of wages when an employee is terminated.   Call a payroll expert or CPA if the situation revolves around taxes or government mandated deductions.   ADA and FMLA Claims: When an employee is missing time due to illness or takes a lot of time off to care for an ill family member, an HR consultant can help you take care of your employee without putting you in legal danger.  They can explain, not only the consequences of a legal misstep, but also help turn the situation into one that benefits the company by improving employee trust and commitment to the company.  Don’t believe any consultant or legal advisor that tells you this situation is a zero sum game or employee vs employer. The number one type of claim reported to the EEOC is one that involves missteps associated with these situations.   Employee Conflict: Employee politics, arguments, mistreatment, and, often, threats, are signs of cultural issues that go far beyond who is right or wrong in a given situation.  A good HR consultant will be able to identify the cultural issues present and help you resolve them.   Call an Attorney: You need to call an attorney when there is action to that needs to be taken that requires an in-depth knowledge of the law or legally requires a specific license.   Termination Agreements: While The Grange can draft legal documents and is backed by the legal team at the law firm Person Butler, most consultants can’t do this for you.  Call an attorney to help you formulate a legally binding agreement that protects you when you terminate an employee and offer them an incentive to release any legal claims they may have against you.   Agency Investigations: If you receive a notice from a state or federal agency notifying you that there has been a complaint made that the agency is going to investigate call an attorney.  Lawyers can often help you understand time requirements, draft responses, and predict your odds of prevailing in the matter.  While The Grange can support you in such matters, most consultants are unable to do so.   Written Demand Letters: When you receive a demand letter from an attorney representing a former employee, call an attorney.  Use a lawyer or firm that specializes in employment law or employment litigation.  The firm Pearson Butler, in Utah assists The Grange in such matters.   Notice of Litigation: Call an attorney that specializes in actively litigating cases and has an employment law expertise.   A few final notes of Advice: Just because your company operates in a “at will” state, doesn’t mean you can terminate an employee for any reason at any time without legal risk. While many laws include language that limit their applicability to companies that employ 15 people or more, every employer should act as if all such laws apply to them. Many newer laws, such as the Pregnant Workers Fairness Act (PWFA), don’t have minimum employee counts but can be very onerous

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