Life Cycle of the Employee: Recruitment, Talent

Polsinelli PC. In California, Polsinelli LLP

The Lifecycle of the Employee

Eric E. Packel, Christopher C. Swenson, Erin D. Schilling, Robert E. Entin

real challenges. real answers. sm

The Lifecycle of the Employee

A. Five Part, Year Long Series1) Recruitment and talent acquisition2) Assessment/selection/onboarding3) Training and development4) Performance management5) Termination


Recruitment and Talent Acquisition

� Why are we hiring?� The Job Description� Compensation issues/surveys� Posting� Recruiting� Résumé screening


Why Are We Hiring?

� Was someone terminated?or

� New position?


Terminated Employee – Lessons Learned?

� What went wrong/“Internal Review”:– Training– Communications with Employee– Progressive discipline– Supervisor/pattern


Terminated Employee – More Lessons

� What went wrong/employee focus– Could employee perform essential functions?– Were functions really essential?– How to determine they were essential?

� Who was terminated?� Liability concerns


The Job Description

� Practicalities/Basics� Expectations

– Compensation, ranges– Educational requirements– Essential functions– Classification


Compensation Issues/Surveys

� Should you?� Cost effective?� Legal impact?� OFCCP/Affirmative Action interplay?


The Application

� Practicalities– EEOC statement– Position applied for– Hours of availability– Past experience– Educational background

� Pitfalls– Age, Gender, Race, etc.– Arrest, conviction records– Garnishment history

– Background checks

– FCRA


Job Posting

� Internal� External� Similarities to Application:

– EEOC statement– Hours– Educational requirements

� OFCCP job listings� CBA requirements?

– Reassignment obligation


Recruiting

� “Internal Recruiters”– Reassignment awareness– OFCCP obligations– Managers/Supervisors who recruit– Again, reassignment awareness

� Third-party recruiters– OFCCP obligations


Recruiting/Social Networking

� Facebook, LinkedIn, Instagram, Twitter– Do you or don’t you?– Knowledge of protected characteristics

Religious view, disabilities– Notice to Applicant?


Résumé Screening

� Who does it?– Training or screening

� Note-taking� Stick to the facts


Summary

� How we got here� Job Description� Compensation issues/survey� Application� Posting� Recruiting� Résumé screening


What Next?

� Assessment/Selection/Onboarding– Screening devices– Testing– Orientation– Arbitration Agreements– Restrictive covenants– Protecting intellectual property– Employee retention– ADR process

� Save the date March 3, 2015.


Polsinelli PC

Polsinelli, a national law firm ranked among the Am Law 100 with over 740attorneys located in 19 offices, deliberately seeks constant improvement in allthat we do. At its inception more than forty years ago, the firm established aculture of openness and entrepreneurship that still pervades today. As thefastest growing U.S. law firm for the past six years as ranked by The AmericanLawyer*, the firm’s growth has been fueled by the recruitment of like-mindedattorneys from top law firms across the country.

Polsinelli attorneys successfully build enduring client relationships by providingpractical legal counsel infused with business insight, and with a passion forassisting General Counsel and CEOs in achieving their objectives. The firmfocuses on healthcare, financial services, real estate, life sciences andtechnology, and energy and business litigation, and has depth of experience in100 service areas and 70 industries.

*The American Lawyer 2013 and 2014 reports


Contact Information

Polsinelli PCwww.polsinelli.com

Nancy Rafuse, [email protected]

***Eric Packel, Esq.

[email protected]


Polsinelli provides this material for informational purposes only. The material provided herein is general and is not intended to be legal advice. Nothing herein should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues. Receipt of this material does not establish an attorney-client relationship.

Polsinelli is very proud of the results we obtain for our clients, but you should know that past results do not guarantee future results; that every case is different and must be judged on its own merits; and that the choice of a lawyer is an important decision and should not be based solely upon advertisements.

© 2014 Polsinelli PC. In California, Polsinelli LLP.Polsinelli is a registered mark of Polsinelli PC

Life Cycle of the Employee: Recruitment, Talent

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