Human Resource Issues: Managing, Hiring, Firing, and Evaluating Employees

ABSTRACT

It is readily apparent to the audiologist that there is much to learn about running a business or managing a department of audiology. Unfortunately, as soon as an employee is hired, there is even more to learn. The federal and state laws that govern the employer-employee relationship are numerous. Moreover, every employment situation is unique and the interpretation of employment law changes regularly with new court decisions. It is impossible for an audiologist to fully understand and remain current with employment law. It is not the intent of this article to comprehensively review employment law. Rather, it is designed to provide a basic overview and some general guidelines. It is strongly suggested that the employer-audiologist establish a working relationship with a good employment lawyer.

KEYWORDS

Job advertisement - performance evaluation - hiring - firing - at-will employment - just cause employment - employee handbook - employment law

REFERENCES

• 1 US Department of Labor, Office of the Assistant Secretary for Policy. Employment Law Guide; Laws, Regulations, Hiring and Technical Assistance Services .2003 http://Available at: www.dol.gov/asp/programs/guide Accessed August 6, 2005
• 2 Seyfarth S. Understanding the Federal Wage and Hour Laws: What Employers Must Know about the FLSA and Its Overtime Regualations. Alexandra, VA; Society for Human Resources Management 2004

Appendix A Sample Interview Form

Interview Process

Audiologist

Outline

Applicant:_________________________________________________Date:_________

• I. Greet applicant

• II. Explain interview process

• a. Meet with Executive Director

• b. Meet with Clinic Director

• c. Meet with Administrative Manager

• Goals:

1. Acquaint key center staff

2. To ensure fairness to applicant

3. To enable applicant to make educated decision

4. To enable the center to make educated decision

• III. Questions

Educational Background

1. What led you to major in Audiology?

2. Which courses did you find most beneficial? Why?

3. Which courses did you find least beneficial? Why?

Interview Page 2

Candidate:_______________________

Extern Experience (Clinical Training)

1. What were your major responsibilities at [pick a training site]?

2. What did you like best at this site?

3. What did you like least at this site?

Employment

1. Please describe the ideal position for you.

2. What qualifications do you have that make you feel you will be successful in Audiology?

3. What personal characteristics do you consider necessary for success in Audiology?

Interview Page 3

Candidate:_______________________

1. What have you learned from jobs you have held?

2. What kind of boss do you prefer?

3. What have you done that shows initiative and a willingness to work?

4. Why are you seeking a position with this center?

Behavioral

1. Give an example of your role as part of a team when you achieved a goal.

2. Think of a day when you had too many tasks and too little time to complete them. What did you do?

Interview Page 4

Candidate:_______________________

1. Think of a problem person you had to deal with [at school, a job, or in an organization]. Tell me exactly what happened and how you handled it.

2. Give me an example of a time when communicating with a [customer, professor, roommate, etc.] was very difficult. Tell me how you handled it.

3. What types of things make you angry and how do you react to these situations?

General

1. Tell me how you go about making important decisions.

2. What gets you motivated to do your best work?

3. What is your idea of how a busy center like ours works?

Interview Page 5

Candidate:_______________________

4. What type of people rub you the wrong way?

Writing Exercise: Applicant gets an audiogram. Applicant is instructed to write a cover letter to a physician describing the results and his or her recommendations.

Technical Questions: These questions are at the discretion of the interviewer. The intent is to determine the currency and depth of the candidate's knowledge.

Hearing Aids

What are your thoughts on using compression?

What fitting methodology or methodologies do you use?

What do you see in the future of hearing aids?

Other:

Diagnostic Audiology

What strategy do you use for ABR testing of infants?

What role does OAE testing play in the differential diagnosis of hearing loss?

IV. Review personnel policies

V. Thank candidate for good interview and explain the decision process

Interview Process

Audiologist Extern

Score Sheet

Applicant:_________________________________________________Date:__________

Interviewer_______________________________________________

Is the candidate responsive in the interview session?

Overall impression of the candidate's personality/communication style:

Low---High

Recommendation: Hire? Yes____ No____ Rating: 1 2 3 4 5

Communication Skills (verbal and written) S________M________W________

Appropriate Dress/Appearance S________M________W________

Educational Background

Depth of academic preparation S________M________W________

#1 S________M________W________

#2 S________M________W________

#3 S________M________W________

Interview Page 2

Score Sheet

Candidate:_______________________________

Clinical Training Experience

Depth and scope of clinical training experience S________M_______W________

#1 S________M________W________

#2 S________M________W________

#3 S________M________W________

Employment

#1 S________M________W________

#2 S________M________W________

#3 S________M________W________

#4 S________M________W________

#5 S________M________W________

#6 S________M________W________

#7 S________M________W________

Behavioral

#1 S________M________W________

#2 S________M________W________

#3 S________M________W________

#4 S________M________W________

#5 S________M________W________

Interview Page 3

Score Sheet

Candidate:_______________________________

General

#1 S________M________W________

#2 S________M________W________

#3 S________M________W________

Technical Knowledge S________M________W________

**“S”, “W”, and “M” are random letters used on the scoring form so as to not clearly delineate scores should an applicant see the score sheet. Prior to the interview process all interviewers should agree on the scale used (i.e., “S” is best, etc.).

Appendix B Summary of a Sample of Federal Laws and Regulations

FAIR LABOR STANDARDS ACT [2]

• Addresses minimum wage and overtime.

• Establishes a standard 40-hour work week. Requires time and a half payment for hours worked in excess of 40 per week for nonexempt employees.

• Exempts certain classifications of employees from overtime pay requirements.

• Sets minimum age for employment.

• Sets minimum hourly wage rate for most workers.

• Applies to employers involved in interstate commerce with two or more employees.

EQUAL PAY ACT

• Prohibits discrimination in pay on the basis of sex where jobs are performed under similar conditions and require equal skill, effort, and responsibility.

• Permits pay differentials between sexes where such differences are based on seniority systems, merit systems, wage incentive plans, or other factors other than sex.

IMMIGRATION REFORM AND CONTROL ACT

• Requires employers to verify that applicants for employment are authorized to work in the United States.

• Sets forth civil and criminal penalties for knowingly employing unauthorized aliens.

• Prohibits discrimination based on national origin or citizenship if the alien is authorized to work.

OSHA ACT OF 1970

• Requires all employers to provide a work place that is free from recognized hazards that cause, or are likely to cause, death or serious physical harm to employees.

• Establishes the Occupational Safety and Health Administration, which is responsible for workplace safety standards and regulations for various industries.

TITLE VII CIVIL RIGHTS ACT

• Prohibits discrimination in hiring, firing, promoting, compensation, or terms, conditions, or privileges of employment on the basis of race, color, sex, religion, or national origin.

• Permits discrimination in employment on the basis of race, religion, sex, or national origin where any of these factors are bona fide occupational qualifications necessary to the operation of the enterprise.

• Permits bona fide seniority, merit, or incentive systems that have the effect of discriminating provided such systems are not the result of an intention to discriminate.

• Applies to employers with 15 or more employees, employment agencies, unions, and state and local governments.

• Enforced by the Equal Employment Opportunity Commission.

AMERICANS WITH DISABILITIES ACT (ADA)

• Prohibits discrimination in employment on the basis of physical or mental impairments that limit one or more major life activities. These impairments may be real or perceived.

• Requires reasonable accommodation be made for handicapped individuals.

PREGNANCY DISCRIMINATION ACT

• Prohibits discrimination in employment based on pregnancy, childbirth, or related medical condition.

• Applies to employers with 15 or more employees, unions with 25 members, employment agencies, and federal, state, and local governments.

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

• Prohibits discrimination against individuals over 40 with respect to hiring, compensation, terms, conditions, and privileges of employment on the basis of age.

• Eliminates mandatory retirement age for employees (with some exceptions, e.g., pilots).

• Applies to employers with 20 employees; unions with 25 members; employment agencies; and federal, state, and local governments.

• Enforced by the Equal Employment Opportunity Commission.

OLDER WORKER BENEFIT PROTECTION ACT

• Amendment to the Age Discrimination in Employment Act

• Prohibits discrimination with respect to employee benefits on the basis of age.

• Regulates early retirement incentive programs.

• Enforced by the Equal Employment Opportunity Commission.

COBRA

• Found in the Consolidated Omnibus Budget Reconciliation Act, hence the name COBRA.

• Pertains to continuing group health insurance when employment is terminated.

• Requires employer to continue to include former employees in employer's group health plan. Full cost of health insurance must be paid by employee.

• Information about COBRA rights must be provided to employee on the date of separation.

• Administered by the U. S. Department of Labor-Pension and Welfare Benefits Administration.

FAMILY MEDICAL LEAVE ACT (FMLA)

• Requires that employers provide up to 12 weeks of unpaid leave, within any 12-month period, to employees for the care of a newborn or adopted child, for the care of a seriously ill family member, or for treatment and care of the employee's own serious medical condition.

• Applies to employers with 50 or more employees.

UNIFORMED SERVICES EMPLOYMENT AND RE-EMPLOYMENT RIGHTS ACT (USERRA)

• Provides re-employment rights to individuals called to military duty in the uniformed services.

• Prohibits discrimination or retaliation for past, present, or future military service.

• Allows an employee to return from military service with accrued seniority in his or her previous job or one of similar responsibility.

• Applies to voluntary as well as involuntary service, in peacetime as well as wartime.

• Applies to nearly all civilian employers, including governmental entities and private employers, regardless of size.