Pre-employment procedures

Pre-employment Procedures The following guidelines have been defined in order to help you successfully complete the pre-employment phase of the hiring process. All forms mentioned in this manual can be found at the end of this manual under the tab labeled “Forms Index” as well as on the Company intranet. In this section we address the pre-employment procedures that in many areas must occur. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Vacancy Sourcing Guidelines Pre-employment Forms Visas Employment Tests Follow-up Applicant Correspondence Offers and Acceptances Background Checks an Drug Testing After the offer is accepted Pre-employment Recordkeeping Human Resources Operational Guide 1 Pre-employment Procedures 1. Vacancy Once a vacancy or a need for additional staff has been determined, the Manager must complete an Open Job Requisition form and attach a Job Description. This form must be pre-approved by the Division President, Branch Manager or Corporate department head and forwarded to the Regional Human Resources Department. All openings will be posted on the company website as well as on the Company intranet unless specified otherwise. Open Job Requisition (OJR): An Open Job Requisition serves as supporting document for approval for the addition or replacement of a position. All vacancies regardless of new or existing MUST have an Open Job Requisition approved. Job Description: At the time when a vacancy becomes available managers may take the opportunity to make modifications to a position. More often than not most positions are standard and go through very little change. In either case, a Job Description needs to be completed and attached to the OJR. The Job Description should also be sent via email to the Regional Human Resources Department. The requisition and job description will be used to verify compensation guidelines and for internal job posting purposes. Managers are to keep a copy of the OJR and Job Description for their records. Managers are to notify the Regional HR Department once the position has been filled in order for the positions to be deleted from the positing. Human Resources Operational Guide 2 Pre-employment Procedures 2. Sourcing Guidelines A. Who is an applicant for employment? An applicant for employment is an individual who "expresses an interest" in a bonafide opening for which company has solicited applicants. "Expresses an interest" means: mails or faxes a resume (with or without cover letter) in response to an advertisement or an associate referral, or receiving resumes from search firms or employment agencies with whom we have an agreement for purposes of specifically filling this opening. "Cold" resumes, ones we receive without solicitation, are not considered applicants or candidates for employment. B. What language is acceptable for use in an employment classified advertisement? The first step is to clearly define the open position:     What skills, knowledge, abilities and experience are required to successfully perform the essential duties of this position? Verify educational experience and technical qualifications (Do not over estimate the qualifications). What is the salary, FLSA status, work hours, position, title, etc.? We prefer generic references such as, salary commensurate with skills and experience or no mention of salary at all. Every advertisement we create which includes our name must state that we are an Equal Opportunity Employer. Do not include references to Affirmative Action or the letters "AA". If we create a "blind" advertisement, or an ad without our name, the Equal Opportunity Employer reference is unnecessary. Generally, blind ads receive considerably lower response rates than display ads. In any advertisement, ask for:   A cover letter including salary history A resume Provide a mailing address (office or P.O. Box). Ads should be placed in local newspapers specifically within the desired recruiting area. Avoid ads in local "Pennysaver" papers or large national publications. Fees for ads are typically based upon the timeframe (duration of the ad), size (number of lines), and graphics (headers, borders, etc.). Prices vary by publication. Human Resources Operational Guide 3 Pre-employment Procedures Following is a sample ad for an administrative position: "Homebuilder seeks individual with excellent communication and computer skills (MS Word and Excel). Must work independently in a fast paced environment. Additional responsibilities include filing, faxing, answering phones. Physical requirements include lifting, sitting, standing. We offer an attractive benefits package and competitive compensation commensurate with skills and experience. Send resume and salary history to: Companys, PO Box 123, or Fax to 555-555-5555 Equal Opportunity Employer” Use the same standards for internet advertising. The essential difference (other than the obvious) is the target audience. The internet ads generally reach larger, broader audiences. Recognize that newspaper ads are also published on the internet. Upon receipt of the approved Open Job Requisition and Job Description, open positions will be posted on our intranet. C. Employment Agencies/Search Firms Employment agencies/search firms should do more than simply refer candidates for employment. It is their responsibility to thoroughly screen and refer only qualified candidates for your consideration. A qualified candidate is an individual who minimally meets and preferably exceeds the expectations of a candidate for the position. It is the agency's duty to ensure that every piece of information presented by the candidate is verified to be accurate and true. This includes all employment and education history, professional licenses and certifications, salary history, etc. In addition, the agency screens for attitude, and skills match. Any agency that refuses to perform any of these services as part of their basic performance package should be dropped from your approved agency list. Most agencies that pride themselves on quality, service and professionalism, will volunteer these services and more. A copy of all agreements must be forwarded to the Regional Director of Human Resources prior to signing the agreement. You must retain on file an agreement with every employment agency with whom you do business. An agreement contains certain basic language that outlines the terms and relationship. The following conditions must appear in every agreement: Fees Guarantees How are they calculated? Any minimum or maximum fees? Refunds in the event the associate is terminated or resigns. Is there a guarantee until the position is filled for a pre-approved period of time? What happens if the candidate has to be terminated within the guaranteed time? Will there be a refund or a replacement candidate? Human Resources Operational Guide 4 Pre-employment Procedures Our minimum standard is a 90-day, unconditional guarantee. Why 90 days? So we can fully use our introductory period to measure performance. If we need to act on the guarantee we won't need to rush our decision to meet an agency's less generous standards. What does unconditional mean? Simply that a full refund is guaranteed if the new associate leaves within 90 days of employment. Agencies like using conditional guarantees (e.g. 33% for each month) because they can assure some income even if the placement fails. This practice is not acceptable at company. Terms When is payment due for the placement? Can it be paid in installments over a pre-agreed period of time? If full payment is due within a pre-approved period of time, is there a discount for early payment? The payment terms include the amount to be paid when a successful placement is made. We generally use contingency agreements. Fees are based on a percentage of the successful candidate’s annualized base pay. For exempt positions, annualized base pay is the weekly salary times 52, or monthly salary times 12, and excludes anticipated or actual bonuses, incentives, etc. For non-exempt positions, annualized base pay equals the hourly pay rate times the number of annual work hours (e.g. $10.00/hour x 2,080 hours = $20,800). This figure excludes bonuses, incentives and anticipated overtime pay. We discourage the use of retainer agreements except in unusual circumstances. Retainer agreements provide for successful placement at a flat rate. Payments are made before and after the position is filled. Finally, the decision to use multiple agencies rather than an exclusive agreement with a single agency depends upon the nature of the position, your relationship with the agency, timing, etc. Exclusives should be established for a month (or two at the most) and should be renewable each month in writing. We must comply with the payment terms in order for our agreement to be enforceable. If the agreement calls for full payment within 30 days of employment, make the payment. And it doesn't hurt to ask for a 2% discount if we satisfy the payment terms. Language All agreements must establish the conditions of the relationship. At a minimum, the agreement must include:       An equal opportunity employment clause Payment terms Guarantees Expiration date of the agreement Request for certificate of liability insurance coverage Identify authorized representatives Human Resources Operational Guide 5 Pre-employment Procedures Following is a sample agency agreement: This agreement is between company Corporation and ABC Co. Our service fees are charged on a contingency basis and are payable only if you employ a candidate that has been, directly or indirectly, referred to you through our efforts, within a twelve (12) month period. Since many of our candidates are currently employed, all candidates are referred to you in complete confidence. FEE Our services are computed as a percentage of the candidate’s annualized base pay. The compensation is to be determined by company, the candidate and ourselves at the time the candidate accepts the position of employment. ABC Placement Co., agrees to charge a flat fee of 20% of annualized base pay per hire provided that payment is received on or before the tenth day from the employment start date of the candidate. The term "accepts" as used herein, means an agreement between an employer and the candidate as to the specific date the candidate is to commence employment with the employer and the employer and the candidate have agreed upon the specific terms, conditions, responsibilities, duties and compensation pertaining to the candidate's position of employment. GUARANTEE We will refund the employer unconditionally in the event that the employee hired through us terminates or is terminated from his or her position of employment within ninety (90) days from the date the employee commenced said employment. However, this refund guarantee is not applicable in the event that the employment is terminated because the employer has insufficient work for the employee or if termination is a result of new management. TERMS We will invoice you for our services with the candidates acceptance of employment. Our terms are net due upon commencement of employment of the candidate. EQUAL OPPORTUNITY EMPLOYER ABC Placement Co. and it's employees strictly comply with all federal, state and local laws which prohibit the discrimination of any individual based on race, color, religion, sex, national origin, age, disability, or other legally protected status. Recruiter's Signature______________________Date_____________ company's acceptance______________________ Date_____________ Human Resources Operational Guide 6 Pre-employment Procedures C. Drug Testing Statement: All applicants MUST be given a Drug Test Policy Statement together with the employment application. They are to be made aware of our pre-employment Drug Testing policy. They 3. Pre-employment Forms You must use all pre-employment forms for every candidate you interview: A. Employment Application: Every candidate must thoroughly complete the application for employment before the interview process commences. Look for the following before the interview:     Is every box and line completed? Did the applicant sign the application? Is all the information that is not available in a resume included? If an applicant writes "see resume" across any part of an application, kindly ask him/her to complete those sections anyway. A resume usually won't include starting and ending pay, reasons for leaving prior employers, and other data requested on the application. Ask for a resume, however, resumes are not to replace employment applications. B. Background Investigation Statement: All applicants MUST be given a Background Investigation Statement Policy together with the employment application. They are to be made aware of our pre-employment Background Investigation policy. They are to keep this statement and not return it to the interviewer. are to keep this statement and not return it to the interviewer. D. Applicant Appraisal Form: Appraisal forms should be completed immediately following every interview. The Applicant Appraisal Form must be retained with all employment applications. E. Recruiting Package: We have developed a recruiting package for you to provide to only serious candidates. The package contains information that describes the Company and the advantages of working at company. It is primarily a communication and selling tool. F. Business card: Staple or attach your business card to the packages you hand out. If the candidate does not meet qualifications, give him/her your card at the end of an interview anyway as it is considered a professional courtesy. Human Resources Operational Guide 7 Pre-employment Procedures 4. VISAS COMPANY SPONSORSHIP OF H-1B VISAS Hiring workers on H-1B visas requires company sponsorship by company. The applicable job must be a professional position that requires, at minimum, a Bachelor's degree in the field of specialization. company must have an existing job classification for the applicable position at the company facility where the sponsorship is sought. There must also be a legitimate business need as determined solely by company to fill that position. company will not allow the worker to begin work until the appropriate governmental agency grants the worker authorization to work in the U.S. for company. If company sponsors an H-1B visa and the appropriate governmental approvals are obtained, the H-1B certification is valid for the period of employment indicated on the labor certification application for up to three years. However, a foreign worker can be an H-1B status for a maximum continuous period of six years. After the H-1B expires, the foreign worker must remain outside the U.S. for one year before another H-1B petition can be approved. Notwithstanding the period of time for any H-1B visa, associates under such visas are employed at-will with company and have no promised term, period, or duration of employment with the Company. This policy will be administered in accordance with applicable law. Human Resources Operational Guide 8 Pre-employment Procedures 5. Employment Tests Any tests used to measure a candidate’s qualifications for employment must be validated and licensed. If you use any tests that have not been validated or certified by the Human Resources department, call Human Resources to obtain certification procedures. Consistency is the key. If you elect to use employment tests, you must ensure that the tests are consistently administered and measured every time. For more information call your Regional Human Resources Director. Human Resources Operational Guide 9 Pre-employment Procedures 6. Follow-up Applicant Correspondence As a professional courtesy, the following letters should be sent under applicable conditions: a) Unsolicited Resume Correspondence sent to individuals who submit unsolicited resumes. b) Solicited Resume Correspondence sent to individuals who submit resumes as the result of our advertisement or at our request (other than through an agency). Letters are not necessary for "blind" ads or resumes received through employment agencies. Insist that the agency "close the loop" on all relevant communication. Human Resources Operational Guide 10 Pre-employment Procedures 7. Offers and Acceptances An offer for employment should not be extended until each of the following steps are completed. All offers are to be extended by the hiring manager. Verbal offers should be followed-up with a written Confirmation Letter confirming start dates, compensation and job title. The Hiring manager must thoroughly verify employment history, education and other pertinent information.  Check employment and education history. Use the attached Employment History and Educational Verification form when making your calls. Before calling, verify on the back of the employment application that the candidate has granted us permission to contact the previous and/or present employers.  Confirm compensation guidelines. Call your Regional Human Resources Director for guidance regarding the appropriate compensation for the position and for verification of overtime status.  (For UAMC and related LFS positions only) HUD and FHLMC Verifications. Complete the UAMC Pre-Employment Inquiry form. No offer of employment can be extended to a candidate for a UAMC or related LFS position until these lists are checked. Once the terms of the offer have been finalized and verifications have been completed, you may elect to prepare a confirmation letter or offer letter. Certain language is essential:       The letter is non-contractual Rate of pay Position title Overtime status Date employment commences Refer to orientation and where to report on day one. Be certain that the candidate understands that the offer is contingent on the satisfactory completion of all references, pre-employment verification, a background check and drug test. An offer must be accepted by asking the candidate to sign the bottom of the confirmation letter. Signed agreements may be faxed and followed up with an original letter by mail. It may be necessary to modify or customize a confirmation letter based upon a candidate's needs. Such additional language may include a general summary of fringe benefits, health & welfare benefits, 401(k) benefits, etc. We suggest you simply refer the candidate to the recruiting materials rather than itemize these features within the body of the offer letter. Human Resources Operational Guide 11 Pre-employment Procedures 8. Background Checks and Drug Testing (Post-Offer, Pre-employment) This policy and procedure affects all candidates to whom we have extended an offer. This is to be completed BEFORE the first day of employment. Background checks and Drug Testing must be completed AFTER a candidate has accepted our employment offer. Candidates with written offers must sign an Employment Release Form and a Drug Test Consent Form allowing us to request the report and conduct the drug test. Employment cannot commence until this process has been completed with favorable results. A. Background Check Procedures After acceptance of employment, candidates must complete and sign the Employment Release Form. Employment is contingent upon verification of information provided during the pre-employment process (e.g., education, employment history, etc.) as well as criminal check and social security verified by The Source, the organization we use for background reports. The candidate must complete and sign the Employment Release Form. The completed Employment Release Form and a copy of both sides of the employment application and the associate’s resume should be faxed to The Source immediately using an Order Form Cover Sheet. Each office is assigned a unique customer code which is included on the cover sheet. If you do not have a customer code, contact The Source directly at 800-700-7029. Results are faxed or emailed confidentially (The Source will call before information is faxed). The Source is the exclusive provider of background, motor vehicle and Social Security number checks for company Corporation and subsidiaries. No other service providers or vendors are to be used. Retain a copy of the Employment Release Form in a pending file until the report is received. The original Employment Release Form plus the background report must be retained in the Personnel File maintained in the Human Resources department. Turnaround for reports is three (3) business days. Upon receipt of the background report compare the results to the application and resume.   If results are favorable, keep with new hire paperwork and send the form and background report to the Human Resources department for filing. If results are not favorable, (that is the information either does not exactly parallel the information in our existing records or the report reveals problematic results), contact the Regional Human Resources Director immediately. Human Resources Operational Guide 12 Pre-employment Procedures The Regional Human Resources Director will ask you to send the background report to his/her office and will review the report and counsel you through the process: Criminal The Regional Human Resources Director will review with you the results, taking into account the nature and gravity of the offense(s), the time that has passed since conviction and/or completion of the sentence, and the position the associate is filling. Social Security The Regional Human Resources Director will review the discrepancy and evaluate the circumstances. Motor Vehicle Report The Regional Human Resources Director will review any discrepancy in Driver’s License numbers or excessive violations. The Regional Human Resources Director may elect to recheck the information. Under no circumstances should you hire an associate whose background check reveals questionable results without first consulting with the Regional Human Resources Director. There are hundreds of different scenarios that may arise and there is no possible way we could identify each potential scenario. Common sense and sound business judgment will guide our decisions. Each situation must be examined individually using a set of uniform guidelines. company has contracted The Source as our only provider for this service: The Source Personnel Information Service 3035 Kashiwa Street, Suite 101 Torrence, California 90505 1-800-700-7029 1-310-534-9901 FAX Services: Level I report is required for all new associates.  Single county criminal background check for prior seven years  Name and Social Security verification Level II report is required for all new associates who drive Company vehicles or drive their personal vehicle on Company business.  Single county criminal background check  Social Security verification  Motor Vehicle Report Human Resources Operational Guide 13 Pre-employment Procedures There is an additional charge for any additional county searches. Fees for these background checks will be charged to the division/office requesting the report. Division/offices will be billed directly by The Source. Background Investigations FAQ’s Why do employers do background investigations? Employers seek to protect their companies and their employees by conducting background investigations. Employers who hire applicants without conducting background investigations can be held, and have been held, financially liable for the actions of that individual. Case law refers to this as "Negligent Hiring" and "Negligent Retention." In holding employers liable, courts have ruled that employers have a duty to exercise "reasonable care" in hiring and make a "reasonable effort" to investigate an applicant's background. What does a background investigation cover? Social Security Number Search: This is used to determine a candidate's previous residence(s), confirm date of birth, and any other names or aliases associated with that Social Security Number for the past 7 years. In-Court Criminal Records Search: The in-court criminal records search is used to determine if the individual has been convicted of a felony or misdemeanor in specific jurisdictions within the past 7 years. Do I need a release from the individual to get these records? Our Employment Release Form, including the applicant's date of birth, Social Security number, driver’s license number and AKA/Maiden name(s) and the employment application, is all the authorization we need to conduct a background investigation. The candidate must complete the form in its entirety and sign it. We are responsible to adhere to all applicable regulations governing these searches. What do you mean by AKA/Maiden name(s)? Many candidates have records associated with more than one name. For example, Mary Smith, aged 27, may have married three years ago. Her maiden name was Mary Jones. It is possible that criminal records could exist under both names, or one of the two. The SSN search will generally pick up other names known to the Social Security Administration. How are criminal records investigated? County level criminal records are considered by many as the best sources of criminal information. There are 3,074 counties in the United States. An investigator must physically go the county courthouse(s) to do the most thorough records check. How beneficial are county criminal searches? According to statistics, the majority of crimes are committed within the offender's county of residence. An accurate assessment can be gained by searching the counties that the subject has lived in during the past seven years. With this in mind, multiple county searches may be required. Human Resources Operational Guide 14 Pre-employment Procedures What is the difference between a felony and misdemeanor? A felony is punishable by a minimum imprisonment of one year. In the most serious felony cases, some states permit the death penalty. Misdemeanors are less serious and are punishable by a maximum imprisonment of one year. B. Drug Testing After acceptance of employment, the new associate must sign Drug Test Consent Form. Employment is contingent upon favorable drug test results. All drug testing must be administered within 24 to 48 hours of offer. In an effort to mitigate the myriad risks associated with employing substance abusers, we will complete pre-employment drug-tests for all individuals to whom we extend an offer of employment in any position throughout the Company. Our goal is to properly identify and screen out employment candidates with substance abuse problems at the time of employment. The policy statement must be presented to each employment candidate before they are interviewed. The Drug Test Consent Form must be presented to employment candidates after they receive a conditional offer of employment in any company location. The candidate will also be required to complete a Chain of Custody Form at the collection site. The Chain of Custody Form follows the sample from start to finish documenting every step. A collection site or lab will not collect a sample or test a sample without the candidate completing the Chain of Custody Form (not included in the Forms Index). The candidate must complete sign the Drug Test Consent Form. Retain the signed original Drug Test Consent Form and provide the candidate with the Drug Test Appointment Procedures.  Candidates are to call and set up the appointment themselves.  Once they have the appointment made they are to call your Division contact and notify them of the date and time of test.  Should the candidate have complications with taking the test within the 24 to 48 hour window, they are to call the Division contact for approval. Results are retrieved at the company website at www.xxx.com Each office is assigned user name and password. If you do not have a customer code, contact your Regional HR Department directly. Turnaround for test results is usually three (3) business days. Human Resources Operational Guide 15 Pre-employment Procedures Drug Testing FAQ’s The Effect on Recruiting We believe that pre-employment drug-tests may screen out up to 5% of the candidates who might have otherwise been employed had the tests not been conducted. These expectations include candidates who remove themselves from employment opportunities when they learn that drug-tests are a condition of employment. While this may narrow the field of candidates somewhat, that is precisely what we are trying to accomplish. Drug Testing, A Competitive Advantage or Disadvantage? According to the American Medical Association, 67% of Fortune 500 companies have drug-testing policies. Candidates who might find it appealing to work for a Company that does not make drug-testing a condition of employment will pursue opportunities elsewhere. That certainly puts us at a competitive advantage. How long do drugs stay in an individual's system? Drugs do not typically remain in the body for very long. Often no more than 24 - 72 hours, depending on the frequency of use and the individual's body functions. Marijuana is the exception, staying sometimes from several days to several weeks, again depending on the circumstances. What happens to the specimen when someone tests positive? When a specimen tests positive in the initial testing, it is automatically scheduled to be processed by a separate procedure (GC/MS) to confirm the presence of the drug in question. If this sample is confirmed positive, then the balance of the specimen is stored under strict laboratory procedures for future needs. It is held under refrigerated conditions for at least six months. Should I revoke the employment offer for having a positive result? Yes, positive drug-test results automatically disqualify the candidate from employment. Isn't Marijuana just a recreational drug? Marijuana today can have 22 times the potency (THC content) that Marijuana did in the late '60s. It is retained in the fatty tissue of the body for several days and it can cause impairment long after the 'high' wears off. What is a Chain of Custody and why is it important? This is the detailed documentation of the drug screening process, which accounts for the integrity of each step of the procedure, by tracking the handling and storage of the specimen from collection to disposal. This multi-part medical document, with assigned barcode numbers, facilitates the process and documents by whom, when and for what purpose the specimen was handled. Clinical labs will not proceed with a drug screen if they recognize the chain of custody has been broken. With a fully executed Chain of Custody, the drug screen result is completely and legally defensible. Human Resources Operational Guide 16 Pre-employment Procedures What is a 5-panel screen? A 5-panel screen tests for the presence of the following drugs: Amphetamines, Cocaine Metabolites, Marijuana Metabolites, Opiates and Phencyclidine (PCP). What is GC/MS and why is this important? Gas Chromatography / Mass Spectrometry (GC/MS) is the superior and highly accurate drug confirmation test that is used on initial positive results. What exactly is 'low creatinine' in a drug test? Low Creatinine, also known as a 'dilute' specimen, indicates a specimen is below minimum concentrate levels, and therefore the results are not conclusive. What is an adulterated specimen and do you screen for that? Adulteration screening is standard in our drug screens. It screens for the presence of nitrites, a chemical purchased for the distinct purpose of adulterating the specimen to obscure the presence of drugs. Although it might be successful in obscuring drugs, the nitrites themselves are detectable and can be considered a 'positive' drug screen; and therefore employment decisions can be made based on that 'confirmed positive.' Nitrites are not a personality-altering substance, nor addictive. Human Resources Operational Guide 17 Pre-employment Procedures 9. After the offer is accepted Prepare for your new associate’s arrival:      Complete the employment paperwork and send it to your Regional Human Resources department in advance of the start date. Assemble an orientation portfolio. The “Receipt for Company Issued Items” has a convenient list of items a new associate may receive. Prepare the new associate’s office or workstation. Order all supplies. Reserve a room to conduct a new associate orientation on day one. Human Resources Operational Guide 18 Pre-employment Procedures 10. Pre-employment Recordkeeping Retain all applicant records in separate employment files. Applicant records may include: Employment Application (if interviewed) Resume Applicant Appraisal Form or Interview notes Drug Test Consent Form and Results (if offer was made, but not hired) Employment Release Form and Results (if offer was made, but not hired) Resume Response Letter       All solicited and unsolicited resumes are to be kept for up to one (1) year. Human Resources Operational Guide 19