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Home The Chamber Business Resources Starting a Business in Lumpkin County Application, Hiring and Termination Process
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Application, Hiring and Termination Process |
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There are basic ground rules to hiring and firing
employees. There are legal requirements to acquiring or terminating employees.
If handled incorrectly, personnel issues can result in legal problems. These
legal problems can be large enough to shut your business. It is important to
make sure all your bases are covered. In addition to the do's and don'ts listed
below, contact the Georgia Department of Labor for more on correct hiring and
firing policies.
APPLICATION AND HIRING
DON'T:
- Ask obvious questions. It is against the law
to ask questions regarding sex, age, race, etc. or anything related to these
areas. These are sensitive areas and cannot be used as discriminating factors.
Some applicants may believe that all gathered information is used. It is for
this reason that you should not ask these questions. It is best to avoid these
topics so as to eliminate all possibility of legal problems.
- Write on the job application form. Any notes
taken during interviews should be made on photocopies or other paper. This
allows you to preserve the original application without marring it for your
permanent records. Anything written on the original application can be used
against you in a court of law.
DO:
- Limit your interview questions to job duties and
behavioral questions. There is no reason to ask questions that do not apply
to the responsibilities of the position. You may ask if an applicant has any
barriers to completing the duties. Ask questions about how the person would
react in work related situations. Small talk is acceptable if the interviewer is
careful. Do not venture into conversation that might produce seemingly
discriminatory information.
- Make sure all company procedures follow
employment statutes. Have your advisors or attorney review your system for
application, hiring, and termination before you begin hiring and periodically
thereafter.
- EDUCATE YOURSELF!!!!! The best way to prevent
problems is to be familiar with the law. When you are in doubt about any issue
concerning labor or safety, contact the Georgia Department of Labor. See the
Resource Directory for contact information.
TERMINATION
DO:
- Review company policies. If you have not yet
developed company policies regarding application, hiring, and termination, call
the GDOL. Make a checklist of your procedures. Make sure that you have followed
the rules in the firing process. If you have not completed your checklist, YOU
SHOULD NOT TERMINATE THE EMPLOYEE YET. Take care to finish all steps in the
process to alleviate any questions and possible legal repercussions.
- Have a stated code of expected employee
behavior- an employee handbook. Many employers face problems due to unclear
expectations of conduct. It is easier to prove reasons for termination if such a
code is in place. This documentation will be helpful if you are faced with
paying restitution because it will show that you had sufficient cause to
terminate the employee.
- Conduct an exit interview. This allows you to
tie up any loose ends. Final paychecks can be issued, and company property (e.g.
keys, paperwork, and files) can be returned. Ask the employee what he/she liked
or disliked about your company. Ask for feedback on aspects of your company of
which this person has knowledge. This person might be a bit more forthcoming
with problems or constructive criticisms than someone who still works
there.
- Keep termination of an employee between you
(management) and the employee. The fired employee will appreciate your
discretion in this matter. Termination should not be discussed with other
employees. Privacy can help you avoid harsh feelings and legal
repercussions.
- Have employees sign a release. If you
are offering the fired employee severance pay or anything else of value, have
him/her sign a release of liability to the company. This may protect you in case
of legal action.
Where to Find Your Labor Force
There are many resources through which one can find
employees. The first things that typically come to mind are the classified
advertisements in local newspapers. You can place ads in these publications for
week long and even month long periods. Contact the publication you wish to use
for more specific information. The Georgia Department of Labor is an agency that
can assist you in finding employees. For more information on how the GDOL can
help you, call (770) 535-5484.
Other places you might contact are North Georgia
College and State University, Gainesville State College, Lanier Technical
College, and North Georgia Technical College. If you are a member of the
Dahlonega-Lumpkin County Chamber of Commerce you can register your job opening
with us as well.
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