Introduction

Hiring and firing issues raise more questions among managers and human resources professionals than just about any other tasks in their portfolios. Both functions are critical to the well-being of their organizations, which cannot thrive without skilled, motivated, and productive people. Other reasons for the many questions that arise about hiring and firing include:

• Both processes are fraught with potential legal problems.

• Both often involve not only hiring and firing per se but also a whole range of employee relations issues.

• Both require specific skills and knowledge that many managers do not possess, or even recognize as important.

These skills and knowledge are particularly important in a labor market that is predicted to remain tight through 2010. Whatever the fluctuations in the economy, the fact is that over the past three decades, the U.S. birth rate has dropped by 24 percent. As members of the baby boom generation retire, a much smaller number of "baby bust" workers will be ready to take their place. Simply put, employers have no choice but to become more creative in hiring and retaining talent and more adept at handling terminations and employee relations.

There are a lot of questions that need to be answered regarding the new-hire process. Questions about interviewing techniques, tests, background checks, classified ad recruitment, affirmative action plans and diversity outreach, and the proliferation of the Internet as a brand-spanking-new recruitment tool with untapped potential make the process a little difficult to navigate at times. And of course there are always those shadows of potential liability in the form of negligent hiring and retention claims that lurk in the back of our corporate minds should we stray too far from accepted hiring norms and practices.

In spite of these questions, hiring is fun. People put on their Sunday best and convince us that they're wonderful and that they deserve to join our company. Interviewing is like putting together pieces of a puzzle, and many of us agree that meeting new people— even in the somewhat artificial interviewing environment—still has its positive side because people are interesting. Checking references is instructive because you get to see how well you did in your interview: Were your gut feelings and instincts about the candidate on the money? Did your first impression stand up to a prior supervisor's scrutiny, or were you shocked to find that you had really missed the mark? And job offers—well, there's nothing more exciting than inviting someone to join your team.

Many aspects of employee relations, on the other hand, are not fun, such as firing or initiating disciplinary actions. It is crucial that managers know how to motivate employees, structure progressive disciplinary actions, and create written records regarding terminations for cause and layoffs. Firing is a traumatic experience for everyone involved. However, no book on employment and termination—whether written by an HR practitioner or by an employment lawyer—should make readers afraid to put their socks on in the morning. In other words, there is rarely a need to be so bogged down in "analysis paralysis" that we fail to reach a reasonable conclusion regarding how we should treat our workers. Nor should we be afraid to initiate termination or disciplinary action should we feel such action is necessary.

The purpose of this book is to give managers not only the tools they need to address serious problems but also the tools to address workplace issues before they develop into serious problems. The premises we've used are simple:

• Everyone wants to make a positive difference at work.

• People want to be treated with dignity and respect.

• People will respond in kind: They will assume responsibility for their actions when they are treated as adults and held accountable for their performance.

Remember, employees become disheartened for one of two reasons: They perceive either (1) a lack of communication with their supervisors and peers or (2) a lack of recognition or appreciation for their efforts. Employee relations problems come in a thousand different faces, but almost all issues can be boiled down to one of these two fundamental areas. It's up to us to ferret out which of these two issues is at stake in any given situation and to solve the problem proactively. The easiest way to find out is simply to ask.

Some people at certain times in their lives actually function in more of a destructive than constructive mode. They thrive on chaos and look for negative outcomes in both their personal and their work lives. As a result, they sometimes see themselves only as victims and refuse to assume any responsibility for their actions.

Although about 98 percent of workers will respond to heightened expectations once those expectations are brought to their attention, 2 percent of the population at any given time will be looking for lawsuits to fund their retirements. These peoples' actions account for long and drawn-out legal battles and sometimes rise even to the level of workplace violence.

There are times when it becomes necessary to consider ending employment as swiftly as possible. When this becomes the case, it becomes even more important to:

• Treat the employee in question with respect and dignity.

• Allow the individual to make choices and have some say in the outcome of the management intervention.

This book is written for those of us in the trenches who spend a good portion of our time hiring the best candidates for our job openings and attempting to repair the bruised egos and hurt feelings that are inevitable in any employment relationship. Recruitment and employee relations go hand in hand. In essence, if you don't hire right from the beginning, you'll be condemned to lengthy employee-relations problems with your staff over the long haul.

That's where this book comes in handy. From years of experience and interviews, I've selected the questions that seem to plague line and staff managers, hiring supervisors, human resource professionals, and recruiters. Written in an easy-to-use question and answer format, The Hiring and Firing Question and Answer Book gives you quick answers to these key questions, as well as more detailed discussions in the "Tell-Me-More" sections. It frames the conceptual issues before us and then proposes practical solutions, as every "how to" book should. In other words, it explains not only what you're supposed to do but how you're supposed to do it. The book also includes appendixes with sample policies, letters, and tools to help you initiate creative and effective hiring and firing practices. Check the resources section for more information about the resources cited throughout the book. Many of the legal and HR terms are defined in the glossary.

Employment law is a little more complicated than most U.S. employers realize. Usually a company's HR department is responsible for ensuring compliance. In companies without HR professionals, it becomes the job of a manager or administrative personnel. Laws are important to keep in mind, but they must also be kept in perspective. I'm not a lawyer, and I don't pretend to offer legal advice. What I have attempted to accomplish throughout this book is to provide fellow employers with the tools and vocabulary necessary to treat employees with respect and dignity and to act in compliance with key employment laws related to hiring and firing. Professional outside counsel should be sought when specific situations warrant appropriate legal analysis.

When you're confident that you're selecting the best candidates for your team, from both a technical and an interpersonal stand-point, you're simultaneously creating an environment in which your existing employees can motivate themselves. Handling difficult situations like firing and disciplining employees in a fair and humane fashion will also increase your effectiveness as an employer. Managers will be able to delegate more, and the team will work more efficiently and effectively. I hope this book becomes one small tool in your arsenal, that it helps you accomplish your goals, and that it multiplies your career progression opportunities. More important, I hope it helps you to have fun at work as you build, accomplish, and achieve on your own and through the people you supervise.