How would the many organizations that do not have proper job analyses deal with a claim of negligent hiring? And do many organizations even utilize reference checks anymore? Given all the legal issues discussed, I feel that I would only want to give the name, job title, and time worked and hang up! However, if the employer feels obligated to give factual negative information to help other organizations deal with the issue of negligent hiring and predictability of poor behavior, how could the employer go about doing this?
I think these legal issues would be particularly petrifying to small businesses. Is there legal help available for small businesses in regard to this issue. I feel like they are really at risk here, because they might be less likely to consider all of the legal ramifications for their decisions (thoughts/comments)?
Wow. This is scary stuff. As the article mentioned we're trying to predict behavior that is often unpredictable. I'm not clear on 'screen-out' devices. One thing I take away is the importance of documenting and justifying reasons for discharge. Also - I see the tension between privacy and negligent hiring. It makes me value more the role of the manager with these complexities in hiring and discharging. I'm glad to know of this article.
The job analysis seems to assert its importance in this article in a different way than before. Job analysis becomes an element of risk management. It seems very important to the avoidance of prosecution in the event of negligence or criminal activity on the part of an employee to be able to know whether they were working on job-related tasks at the time of a negligent or criminal act. Did anyone else feel an increased sense of responsibility as an I-O psychologist to the company's and other employee's well being in the entire process of developing a selection system?
This furthered my value for proper job analyses in order to select "fit" employees to avoid not just selection legal issues but work liability issues as well. Has the definition of what is applicable and what is private regarding what to include in a background check since this article been better established and made clear?
This really makes me appreciate the value of good job analysis - making sure performance is relevant to the job. I wonder how issues of social media would play into this?
How would the many organizations that do not have proper job analyses deal with a claim of negligent hiring? And do many organizations even utilize reference checks anymore? Given all the legal issues discussed, I feel that I would only want to give the name, job title, and time worked and hang up! However, if the employer feels obligated to give factual negative information to help other organizations deal with the issue of negligent hiring and predictability of poor behavior, how could the employer go about doing this?
ReplyDeleteDo you think competition plays a role in pre-employment inquiries?
ReplyDeleteI think these legal issues would be particularly petrifying to small businesses. Is there legal help available for small businesses in regard to this issue. I feel like they are really at risk here, because they might be less likely to consider all of the legal ramifications for their decisions (thoughts/comments)?
ReplyDeleteWow. This is scary stuff. As the article mentioned we're trying to predict behavior that is often unpredictable. I'm not clear on 'screen-out' devices. One thing I take away is the importance of documenting and justifying reasons for discharge. Also - I see the tension between privacy and negligent hiring. It makes me value more the role of the manager with these complexities in hiring and discharging. I'm glad to know of this article.
ReplyDeleteThe job analysis seems to assert its importance in this article in a different way than before. Job analysis becomes an element of risk management. It seems very important to the avoidance of prosecution in the event of negligence or criminal activity on the part of an employee to be able to know whether they were working on job-related tasks at the time of a negligent or criminal act. Did anyone else feel an increased sense of responsibility as an I-O psychologist to the company's and other employee's well being in the entire process of developing a selection system?
ReplyDeleteThis furthered my value for proper job analyses in order to select "fit" employees to avoid not just selection legal issues but work liability issues as well. Has the definition of what is applicable and what is private regarding what to include in a background check since this article been better established and made clear?
ReplyDeleteThis really makes me appreciate the value of good job analysis - making sure performance is relevant to the job. I wonder how issues of social media would play into this?
ReplyDelete