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Don’t make assumptions about your employees

By Lauren | November 13, 2009

Continuing with my Friday series on keeping your business out of court, let’s take a look at a mistake that frequently gets companies in legal trouble. When it comes to your employees, both current and prospective, be careful not to make assumptions.

Here’s an example. You’re interviewing candidates for a sales position that involves a lot of overnight and weekend travel, and you’re hoping that the person you select will stay in the job for at least five years. Your first candidate is a twenty-five year-old woman who mentions in her interview that she has two small children. The second candidate is a sixty year-old former sales manager who tells you that he’s applying for the job because he’s sick of being stuck behind a desk and really misses life on the road. The third is a forty year-old man who’s not wearing a wedding ring and makes no mention of kids in his interview. You dismiss the first candidate because you think she’ll have too much trouble juggling her travel with her family responsibilities. You nix the second candidate because you think he’s too close to retirement and won’t have the energy for the grueling travel schedule. You hire the third candidate because you assume he’ll be best able to endure life as a road warrior.

Congratulations - at least two of your candidates may have grounds for a lawsuit.

You shouldn’t ask about family responsibilities in job interviews, nor should you assume that a woman with children won’t travel. If your first candidate knows about the travel requirements of the job, it’s up to her, not you, to make sure she’s willing to meet them. Basing a decision on age is just as bad. Your second candidate may be planning to work for at least ten more years, and may bring plenty of energy and enthusiasm to a job that he loves. And as for your third candidate, appearances can be deceiving. Just because he looks free as a bird doesn’t mean he’ll necessarily do a better job than either of his competitors. Yes, he can travel - but can he sell?

The answer is to identify all of the essential elements of the job, and not just to hone in on potential problems. (Travel is important to this job, but so are people skills, the ability to work alone, and reliability on the road.) Then, make a list of the characteristics you’re looking for in your ideal candidate. Compare each of your candidates against the grid, and ask each of them the same neutral questions about their willingness and ability to do the job. When you’ve finished your interviews, offer the job to the candidate who comes closest to your ideal, and work with that person to fill in the blanks. Don’t assume that anyone can’t do the job - ask them to tell you how they can and will. You’ll make a better hire and, as a bonus, help keep your company out of court.

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Topics: Business Ethics, Risk Management, business communications, corporate responsibility, ethics |

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