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Top Five Tips to Turn Up Top Talent

November 1, 2017

Although we frequently hear otherwise in commercials for recruiting websites, finding new employees isn’t simple or easy. Between writing accurate job descriptions, following the law when it comes to applications and interviewing, and just finding someone who will fit the culture of your growing company, there is a lot to think about!

The Top Five Tips to Turn Up Top Talent reviews what we at Davis Brown Law Firm in Greater Des Moines (DSM) see as the stumbling blocks encountered by small business owners.  As employment law attorneys, we’ve heard all the horror stories of new employees — embellishing the “facts” on resumes, to hiring managers asking all the wrong questions.

Tips to Avoid Litigation

  1. Write accurate and complete job descriptions detailing the duties, education, training, and experience necessary.
  2. On the application, make sure your questions relate to the job in question and do not implicate any issues of protected class (age, marital status, race, citizenship, disability-related questions).
  3. When conducting background checks for references, credit, criminal and driving records, make sure you, and any third parties you hire, are following the law and are providing the documentation required by the Fair Credit Reporting Act.
  4. In the interview, avoid any questions that could implicate issues of protected class, as on the application. You cannot ask any disability-related questions during an interview; after a conditional job offer has been made, you can ask whether the potential employee would need any accommodations to fulfill the job duties. Similarly, you cannot ask applicants to complete a medical exam prior to a conditional job offer being made.
  5. When offering the job to a candidate, make your offer contingent upon successful completion of reference checks, drug tests (if used), and health screenings (if used). If using drug tests and health screenings, make sure your policy has been reviewed by an attorney and you follow it every time.

Following these tips can help you hire the best talent, keep you out of court, and focused on growing your business.  

Learn about other Staffing & Hiring resources, as well as legal information for your small business in The Partnership’s Small Business Resources Hub or sign up for the Small Business Resources newsletter and stay connected for information about upcoming events, other resources and the latest announcements in the small business community in DSM.