Don’t Hire a Headache…or a Lawsuit

PDRMA members face volume and speed pressures in hiring seasonal workers but really should make it a priority to find the time to follow hiring best practices to reduce liability risks and operational headaches.

High on the list of best practices, according to Sara Yager, PDRMA Deputy General Counsel, is following pre-hiring steps to ensure good hires. Post-offer, pre-employment physical exams can be an effective tool for identifying candidates who are unable to do the essential functions of the job, with or without accommodation. “However, members do not always use this tool effectively,” explains Yager. “For instance, it may not be a good use of your resources to do pre-hire physicals on all full-time office staff — whose positions are not physically demanding — and not do them for positions requiring much more physically demanding job duties. Part-time parks department workers are doing more labor-intensive jobs and have a higher likelihood of physical injury on the job, so you may want to spend the resources on having those positions subject to post-offer, pre-employment physicals instead.”

Wait for the Results

Another key factor for successful seasonal hiring is patience and follow-through. “If, pursuant to written policy and with all applicable legal consents signed, you do pre-hire drug tests and/or criminal conviction background checks, be sure to wait for the results before allowing someone to start working,” Yager adds. Many PDRMA members use the Illinois State Police for criminal conviction background checks. However, if your agency instead uses a third-party consumer reporting agency, you should seek legal guidance to ensure your agency complies with the Fair Credit Reporting Act. Once you have those results, you can decide whether to proceed with hiring.

Having patience is a necessity, because there are applicable laws prohibiting certain applicants from working in some roles. For example, the Park District Code prohibits park districts from hiring convicted child sex offenders. “However, if your agency allows someone to start working as a preschool teacher before a background check clears that person,” Yager explains, “you’re essentially exposing a group of children to a convicted sex offender — which has legal, public relations and, frankly, moral implications.”

Beware of Red Flags

She advises members to keep an eye out for red flags by studying resumes and applications, not just scanning them. “If a candidate graduated high school in 2000 but has had no jobs or degree programs between then and 2018, or has spotty employment, that’s a huge red flag,” Yager notes. “The same is true if the candidate leaves sections of your employment application blank or specifically says not to contact a former employer.”

At the other end of the spectrum, it’s as much a red flag if the person has had many employers over a short period, especially if those jobs were with other PDRMA members. “This is where many members can get into trouble,” warns Yager. “Don’t take a chance on a marginal hire.”

Make the Most of an Interview

Once you complete your due diligence and determine who you want to interview, be sure to ask those tough questions. “Listening to a candidate’s answer when you ask, ’I notice you jumped around quite a bit in your employment. Why?’ or ‘Your resume shows you were a superintendent previously, but now you’re applying to be a janitor at a much lower rate of pay. Why is that?’ can tell you much about the type of person and worker she is,” she explains. “Those are the questions you really want answered before you make a hiring decision.”   

While it’s tempting to rely on references and referrals, they aren’t a guarantee. “Most referrals will simply confirm employment dates, position and last salary earned,” she says. “And references may exaggerate a candidate’s abilities, possibly in the hopes of getting rid of their ‘problem employee’ or of eliminating unemployment or workers’ compensation benefits being paid to that employee. It pays to be skeptical, even if you know the person providing the referral.” It’s also smart to read between the lines:  If a reference gives you answers that lack confidence, think twice about hiring that individual.

Think about Next Season

Remember, too, that scrutiny doesn’t end with the job offer. Throughout the season, ask yourself if you’d like this candidate to return next year. Many agencies don’t try to correct poor performance with seasonal workers, because they believe the “problem” will go away at the end of the season. But that only encourages more poor behavior during the worker’s tenure and signals to other workers that poor performance is acceptable at your agency. “Those unaddressed disciplinary issues could come back to haunt you next season, as well, when the individual applies for rehire — and you have no supporting paperwork to document why your agency should not rehire him,” explains Yager.