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One of the biggest misconceptions about workplace investigations is that these investigations are only needed whenever someone commits a crime or theft. This is far from accurate, and here is why.

What is a workplace investigation? An investigation is a fact-finding activity to collect all the relevant information on an incident. A correctly performed investigation can enable an employer to consider the matter and decide on the corrective action to mitigate employment law risk.

When an allegation is made, the employer needs to know what happened, when it happened, where it happened, why it happened, whether anyone else is involved, and if anyone else witnessed what happened.

Are workplace investigations a crucial part of handling certain matters within an organization? In potential severe investigations, a flawed or incomplete investigation can undermine the investigation process and leave employers susceptible to claims regarding unfair termination. For a termination to be fair, an employer must show that they came to their decision due to an ethical and comprehensive investigation.

The workplace, just like any other ecosystem, is a ground for the convergence of people from a multitude of diverse backgrounds, nationalities, religious creeds, and other aspects of personal identity. As fallible and mortal as we are, infractions are bound to happen at the workplace; this is an all too familiar scenario to every HR establishment. The thorny issue that oftentimes defines organizations is how these issues are dealt with once they occur, ideally in a manner that does not create any collateral damage for the organization.

While dealing with these challenging matters may be multifaceted and multidisciplinary, it is essential to have HR at the nerve center of every procedure to ensure fairness and justice to both employees and the organization.

The process of sensitizing employees to the code of conduct for all workers starts at the on boarding stage of the employment process. Before each employee officially begins work, in addition to an offer letter that spells out the terms and conditions of the work, employees should also be furnished with a copy of the employee handbook, as this document gives a detailed account of all the “dos and do nots involved in working with that organization. It also spells out the various policies, procedures, and practices accepted within the organization and the associated sanctions that go with breaches of those standards.

These documents are legal documents that can be tendered as evidence in the event of a legal suit involving an alleged breach by any staff. The handbook should therefore be administered to staff with all the seriousness it deserves. After distributing this information to prospective staff, it is important also that we seize opportunities like staff orientation to reiterate the issues contained in the employee handbook for the prospective staff to digest it properly. Once work starts for these new recruits, monitoring their work should also start in earnest to ensure that whatever transactions are being undertaken are in accordance with the established procedures. It is at this stage that internal auditors and compliance personnel would be needed periodically to evaluate the procedures being applied to complete a task.

It must be noted that simply putting all these measures in place is not exhaustive enough to eliminate fraudulent and underhanded dealings within an organization. Once they occur, we need to have some professional and standardized procedures to bring closure. When there is early detection of a breach of any kind in any organization, it’s important to approach it in accordance with the three-strike sanctions approach widely accepted in HR. This consists of mainly verbal warnings at the first instance, written warnings at the second instance, and finally, if it persists, the third instance should result in a formal complaint about an official investigation. It should also be noted that the three-strike approach may be modified depending on the gravity of the breach, because some instances may require a full-scale investigation upon suspicion.

The Investigative Process

In smaller organizations and businesses, investigations are often conducted by the Human Resource departments. In larger organizations, they may be consultants who are often lawyers, coroners, or other designated staff members. Oftentimes when these investigations are conducted, they are done to achieve the following:

• Ascertain whether any reputational damage has been occasioned by virtue of the conduct.
• Discover the motivations for the affected staff to engage in the alleged act.
• Uncover the magnitude of the alleged act in order to forestall its occurrence.
• Ensure fairness and justice for both the employee and the organization.

The investigator will typically try to keep things as confidential as possible to avoid further eroding employee morale. The investigations should, as much as possible, be brief in order to bring early closure to the issue, but they may last longer depending on the gravity of the breach and its likely impact on the operations of the organization. Officials mostly involved in the conduct of workplace investigation include auditors, lawyers, security personnel, HR practitioners, and other designated officials of consequence to the whole process.

In gathering evidence for the report, one needs to be guided by the following questions:

• Where and when did it happen?
• What was said and/or done?
• Who else was there, or who became aware of it afterward? (If anyone)
• Was there any recourse to the policies and procedures outlined in the handbook, employment letter, etc.?

These may not be infallible procedure questions in investigations, but they do provide an inkling in reconstructing the entire scenario for a better understanding of precisely what might have transpired.

When investigations conclude, considerable finesse must be exercised in disseminating the outcome to the organization. Only the people directly involved are supposed to be in receipt of the investigation report. But in all of these matters, HR, at every step, should ensure that the process is exceptionally evenhanded to avert a needless suit from disgruntled staff. When management finally meets to decide on the way forward based on the final report, a legal opinion should be sought on the agreed process, such as notifying the entire organization, issuing disclaimers, and suing the affected staff. It is also important to balance these legal considerations with the reputational risk or damage that publication of such disclaimers on the alleged conduct might cause the institution.
There are times that it may be necessary to forestall further commission of the alleged infraction in the name of the institution and also to serve as a deterrent to other staff members who may be harboring such intentions. This same act of publication, even though meant to expose the individual involved in the wrongful act, has the potential of also dragging the name of the organization through the mud if not properly communicated. In summary, while it’s important to punish errant staff to instill discipline and protect the business’s image, it’s also important for various stakeholders in the organization to weigh the pros and cons of any course of action before implementing it in the ultimate best interest of the company.

Author:

Phidelia Johnson is a global Human Resources Practitioner with eighteen years of leadership success. With a focus on streamlining Human Resources administration, she’s well-equipped to find the right solution to a myriad of concerns. Her experience as a commercial business leader gives her a unique ability to advocate for both the employer and the employee.
In her down time, Phidelia is a master of her kitchen, creating wonderful dishes filled with passion and flavor. If she’s not cooking delicious food, she’s stretched out with a good book. She hopes to use her experience to help others, guide company leaders to best practices, and help build better professionals and stronger organizations.

The interview is going smoothly without any hitch. You’re excited because you start to feel like “it could happen!” Then, something happens. It comes out of nowhere. “Are you thinking about starting a family?” “How long has your family been in this country?” “How long has your family been in this country?” “Do your people place a high value on that?” or “For someone in a wheelchair, you’ve done an incredible job. Do you need any special vehicles to operate?”

These inquiries may seem quite benign on the surface and, for the most part, they are typically asked innocently. However, the structure, format, and/or context of the question may be illegal. So, how do you go about handling that? What should your reaction be?

To begin, it is important to understand the difference between an unlawful investigation and an investigation that leads to criminal or civil liability. Even if a question or comment is phrased in a hypothetical way, it does not always mean that a crime has been committed. A distinction has to be made between criminal and civil offenses. To be criminally liable, it is necessary to prove the motivation or intent for an offense. Most nonsensical questions stem from ignorance rather than malice. Even if there is no criminal motive or motive behind it, civil action can still be taken.

In our politically correct culture, we often rail against even the slightest deviation from accepted norms. However, most of these kinds of interview questions are asked in good faith or, to put it another way, in complete ignorance. Ignorance of the law, ignorance of the appropriate questions to ask, and ignorance of how others may use information in a discriminatory way.

Ironically, many nonsensical inquiries are made when an inexperienced interviewer tries to be pleasant by expressing interest in you personally and making a gentle inquiry about your personal life or family background. Consequently, any attempt by a candidate to express his constitutional rights will only serve to raise the corporate defensive shield and prevent mutual consideration. The interviewer will begin to withdraw from what might otherwise have been a high level of interest in you as a potential employee as warning lights flash and sirens sound.

So, what is a proper retaliation? The choice is yours, but one of two approaches is recommended: Either respond briefly and move on to a new topic area, or ignore the question altogether and switch the debate to a new topic area. Even if the interviewer is aware of your personal reaction, they will appreciate your willingness to move on.

Unless the investigation is explicitly discriminatory—and yes, explicit bias still occurs—your best option is to move on to something else. You have every right to end the interview and exit if you feel your interviewers are being too frank or abusive.

While rules vary from state to state, there are some areas in which employers should avoid asking interview questions.

The following is a list of some of the questions that employers should avoid asking:

• Questions about the birthplace, nationality, ancestry, or ancestry of the applicant, the applicant’s spouse, or the applicant’s parents.

“Is Pasquale a Spanish name?” for example

• Questions about the applicant’s orientation or marital status.

“Is this your maiden name?” for example

• Questions on caste and color.

“Are you a member of a minority group?” for example.

• Religious questions or observed religious holidays.

“Do your religious beliefs keep you from working on weekends or holidays?” for example.

• Questions about physical limitations or constraints.

“Are you able to stand for long periods of time?” for example.

• Questions related to health or related to medicine.

“Do you have any per-existing medical conditions?” for example.

• Questions about pregnancy, contraception, and child care.

“Are you planning to have kids?” for example
In some cases, companies may attempt to create a reasonable accommodation for employees, which is generally acceptable. So, even if it seems discriminatory, a question such as “Do you need an accommodation to perform your task efficiently?” often functions as a valid check.

It is important to remember that just because an illegal question was asked, it does not imply that an offense was committed. If you elect to take legal action, the court must evaluate whether the information was used in a discriminatory manner.

One Question Every Interviewer Should Answer

Normally, you will get the option to ask a question at the end of the interview. When the interview is over, you are often offered the opportunity explicitly: “Are there any questions I can answer for you?” There is one question that you should ask every interviewer as soon as possible during the interview: “Can you tell me about the position and the person you want to hire?”

When asked correctly, this question can provide you the best opportunity to learn more about the job and your suitability for it. The second part of the question is important, as it may reveal particular areas of need that you should address throughout the interview. As a result, it is important to bring this question to the interview as early as possible. You can use an outtake question for this. Use the feedback as an answer to complete your inquiry. Make sure you’re not trying to get interviewed using this tactic. All you have to do is apply this strategy to ask this important question early in the interview.

For example, in response to the inquiry “What do you know about our company?” you can state what you know about the firm (because you did your studies ahead of time, right?) and then state that you don’t know as much about the specific job. “Can you tell me more about the position and what kind of person you want to hire?”

Find a strategic opportunity to ask this question as quickly as possible. Then, as needed, build your responses around what they are looking for in a candidate to fill the role. Keep your answers within reasonable limits, but keep the interviewer’s point of view in mind and try to suit their needs for the position. You will be less prepared for the interview if you just wing it and hope your answers miraculously land on the spot.

Author:

Phidelia Johnson is a global Human Resources Practitioner with eighteen years of leadership success. With a focus on streamlining Human Resources administration, she’s well-equipped to find the right solution to a myriad of concerns. Her experience as a commercial business leader gives her a unique ability to advocate for both the employer and the employee.
In her down time, Phidelia is a master of her kitchen, creating wonderful dishes filled with passion and flavor. If she’s not cooking delicious food, she’s stretched out with a good book. She hopes to use her experience to help others, guide company leaders to best practices, and help build better professionals and stronger organizations.

The way employees understand their employment contract with their employers is influenced by a number of factors that need not be written in the contract itself. There are a set of beliefs based on reciprocal obligations that employees perceive to exist between their employers and themselves otherwise known as a “psychological contract.” This write-up sheds some light on the concept of a psychological contract and how it impacts the performance of employees and organizations as a whole.

Generally, studies conducted on the subject suggest that when the expectations and beliefs of employees are met by the employer, the employee reciprocates by exhibiting a positive attitude toward their work. On the other hand, when employees perceive their expectations in the employment relationship are being breached or violated, such as in the event of a promotion or raise or lack thereof, they respond with a poor work attitude that negatively affects the overall performance of the organization.


Transforming human resources to gain and maintain a competitive advantage based on a positive employer-employee relationship remains a fundamental challenge of employers in recent times. Consequently, human resource scholars and business leaders consider the psychological contract (PC) a vital framework by which the relationship between the employer and the employee can be better understood. Thus, although unwritten, the set of beliefs that an employee holds regarding the terms and conditions of their mutual agreement with the employer are shaped by human resource management practices such as rewards, training, and development that, when well-managed, help to minimize labor conflict issues and build trust.

As interesting as this may sound, not many organizations take the expectations of employees as seriously as those of their customers. For instance, some HR scholars have identified that fulfilled expectations of rewards and compensation systems act as a means of motivation, and this directly impacts performance and enhances the employer-employee relationship. However, others are of the view that businesses are being shortchanged and may not get commensurate value from any rewards given to employees. With this in mind, it is wise to research psychological contracts from many perspectives.

The Concept Of The Psychological Contract

One of the foremost definitions of the psychological contract is given by Levinson et al. (1962) simply as a reciprocal or symbiotic relationship that exists between employees and their employers. Rousseau (1995-2011) provides a contemporary definition of psychological contracts as an implicit set of beliefs perceived by an individual and fashioned by an organization regarding expectations and obligations held by both the employee and employer. Thus, psychological contracts, although intangible, form the basis for an important exchange for the employee-employer relationship that hinges on reciprocity and trusts. The history of the psychological contract is broadly categorized into two eras: the pre-Rousseau (1989) era and the work done by Rousseau regarding re conceptualization to date (Conway et al., 2014).

Themes Of The Psychological Contract

Rousseau is credited not only for shedding more light on the formation, fulfillment, and violation process of the psychological contract but also for further classifying the psychological contract into two types: relational (intrinsic) and transactional (extrinsic).

Typologies Of The Psychological Contract

Transactional contracts are based on economic exchange relationships and since they are narrow in scope, they are expected to be more static. For instance, the high pay rate specified in a job contract may be exchanged for hard work. In contrast, relational contracts tend to be unspecified in terms of time frame and can be subjective and highly dynamic because they are intrinsic in nature based on perceptions.

Models And Theories Regarding The Psychological Contract

HR partners and researchers over the years have developed and continue to make use of theories like the social exchange, cognitive dissonance, and perceived organizational theories, among others, to better explain what, why, and how the concept of the psychological contract impacts the employee-employer relationship and organizations at large.


Making use of the cognitive dissonance theory, employees tend to reduce positive work attitudes as a result of a mental interpretation of a breach in the psychological contract. This is because employees have formulated a mental contract based on the promises made by the employer. As such, any breach causes cognitive dissonance as far the employee is concerned, and this inhibits the tendency to exhibit a desirable work attitude or behavior and vice versa.

Also, according to social exchange theory, an employee will continue in an employment relationship if the outcome is rewarding compared to the cost. Thus, positive social exchanges promote positive work behaviors and attitudes, and this comes into play when organizations show concern for their employees and vice versa. In line with this assertion is the perceived organizational support theory that suggests that employees form beliefs regarding the extent to which they are cared for or valued by their employers.

Employee motivation is defined as that which inspires workers of an organization to give out their best behavior in relation to work output and exceed their limits to attain the overall objective of an organization.

The link between reward and motivation is established by defining reward and compensation as both monetary (transactional) and non-monetary (relational) inducement provided to employees within an organization for work done. This system of reward and compensation acts as a major factor that underscores the entire employment relationship.

Author:

Phidelia Johnson is a global Human Resources Practitioner with eighteen years of leadership success. With a focus on streamlining Human Resources administration, she’s well-equipped to find the right solution to a myriad of concerns. Her experience as a commercial business leader gives her a unique ability to advocate for both the employer and the employee.
In her down time, Phidelia is a master of her kitchen, creating wonderful dishes filled with passion and flavor. If she’s not cooking delicious food, she’s stretched out with a good book. She hopes to use her experience to help others, guide company leaders to best practices, and help build better professionals and stronger organizations.

This write-up is a follow-up to an earlier article that chronicles elements of psychological contracts between an employer and employee in an organization.

Consequently, to be successful, Human Resource managers need to adapt strategic reward and compensation systems that will help attract and retain skilled employees, motivating them to give their utmost best. However, this comes at a great cost if not well-balanced, effectively planned, and efficiently executed. Pay based on performance may reduce motivation to work in the long run since the actual contribution of monetary incentives to employee performance is unknown. As such, the best reward system must fit into the overall corporate strategy of the specific firm and be employee-tailored. The question here is, to what extent do the promises and expectations of rewards and compensation systems of bank employees affect the employer-employee relationship, and how does that translate to motivating employee performance and reducing employee intentions to quit?

Generally, the outcome of psychological contract fulfillment seems to suggest a positive relationship between employee and organizational performance. For instance, the perceived organizational support theory identified that the recognition and support of their organizations had a positive impact on the way employees viewed performance appraisal systems, leaving them inspired to meet established targets by exhibiting positive employee outcomes. However, not much of this suggestion is supported empirically by studies in advanced jurisdictions like the United States.

Researchers — by referring to social exchanges, control, cognitive, and perceived organizational support theories, among others — suggest that psychological contract breaches and violations demotivate employees and impact employee performance negatively. A case in point is where staff with high exchange belief, after perceiving a violation in the employment relationship — particularly in the breach of perceived organizational support, such as promotions—tend to be demotivated to perform, which has negative implications on their attitude to work.

The level of de motivation can rise from stress, high employee turnover intentions, and reports of tiredness. As noted, tensions resulting from unfair treatment or mistrust in HR practices such as rewards may lead to employee-employer conflict. One example would be an employee who felt he would have to pay more taxes as a result of the decision by his employer to refund the cost of fuel through his payroll, which he interpreted as a violation. To reciprocate this unfair treatment, the employee decided not to work to the best of his ability.

Clearly, this indicates that the concept of trust could be a moderating variable in the study of the psychological contract (PC), which needs further research. It will be interesting to test the reflections in the United States and other developed countries to find out how employee outcomes are affected by unmet promises by both structural and human agents of the PC.

Critiques Of The Psychological Contract

It goes without saying that psychological contracts do have some theoretical backing and validity, as reviewed in the foregoing paragraphs.

That not with standing, the concept is not without limitations, and critiques have been apt to point out such shortcomings in the areas of definitions, methodology, and moderating variables.

As pointed out earlier, there are inconsistencies regarding which parties or members constitute psychological contracts. It is commonly argued that the relationship is between employees and organizations; in contrast, others claim it’s between employees and their foremen; and other differing opinions purport that relationship actually exists among all members of an organization. Contemporary definitions tend to shift the focus more toward the employment relationship and how it evolves over time.

Another identified shortfall in the study of psychological contracts is that the research settings are also skewed to Western countries with individuals working in different organizations against researching employees within specific organizations at a specific time. Does the average banker have expectations that have been fulfilled, breached, or violated, and how does the employee respond to such outcomes? Are the bankers unrealistic in their expectations? What could be the possible implications for management? These are questions that arouse interest, and findings could prove valuable to the organization’s success.

In addition, although research findings show associations between psychological contracts and job satisfaction, performance, and effective communication, among other aspects, there is still much research needed to be done to establish causality in these variables and the effect of moderating variables on psychological trust.

These aforementioned limitations, among others, have been the cause for calls for more research on the concept of the psychological contract for a more comprehensive, theoretical perspective that is built on a robust methodology to validate findings in future research further.

In conclusion, findings in the literature on organizational behavior and HRM suggest that psychological contract fulfillment, particularly regarding expectations in rewards and compensation, motivates employees to exhibit a positive attitude toward work, which in turn positively impacts organizational performance. Employee turnover is more likely to be kept in check when expectations regarding rewards and compensations are met in line with the overall strategic focus of an organization. However, unfulfilled expectations regarding rewards and compensation demoralize employees.

As a way of control, employees showcase a negative attitude to work, which may have a negative impact on organizational performance. Therefore, management needs to design reward systems that send signals of fairness, trust, and well-being to build a more robust employee-employer relationship.

Author:

Phidelia Johnson is a global Human Resources Practitioner with eighteen years of leadership success. With a focus on streamlining Human Resources administration, she’s well-equipped to find the right solution to a myriad of concerns. Her experience as a commercial business leader gives her a unique ability to advocate for both the employer and the employee.
In her down time, Phidelia is a master of her kitchen, creating wonderful dishes filled with passion and flavor. If she’s not cooking delicious food, she’s stretched out with a good book. She hopes to use her experience to help others, guide company leaders to best practices, and help build better professionals and stronger organizations.

The following is a list of the major laws and regulations that affect the interviewing process. Before you proceed with recruiting, be sure you are familiar with these regulations:

Age Discrimination in Employment Act
Americans with Disabilities Act (ADA)

Equal Pay Act
Federal Executive Order #11246
Illinois Human Rights Act
Immigration Reform and Control Act (IRCA)
Pregnancy Discrimination Act of 1978
Title VII of the Civil Rights Act
Age Discrimination in Employment Act

Prohibits discrimination against people forty years of age and over.

Promotes the hiring, promotion, and other terms and conditions related to the employment of older people.

Necessitates that hiring decisions are based on abilities rather than age.

You May Ask:

Are you at least eighteen years of age?

You May Not Ask:

What is your date of birth?
How old are you?
What are the ages of your children?
When did you attend high school?
When did you graduate from high school?

The Americans with Disabilities Act (ADA) was enacted in 1990.

Requires facilities to be accessible to the disabled.

Prohibits employment discrimination on the basis of disability.

Prohibits pre-employment medical inquiries and examinations.

Prohibits an organization from excluding a qualified person if they can perform the “essential functions” of the job either unaided or with “reasonable accommodation.”

You May Ask:

Are you capable of performing the position’s essential job functions with or without accommodation?

Can you meet the attendance requirements of this job?

You May Not Ask:

Do you have a disability?

Do you have any previous major medical problems?

Have you ever received worker’s compensation?

How many days were you sick last year?

What prescription drugs are you currently taking?

Have you ever been treated for alcoholism or mental health problems?

Equal Pay Act

Prohibits discrimination based on sex in the payment of wages or benefits when men and women perform work requiring similar skills, effort, and responsibility for the same employer under similar working conditions.

Federal Executive Order #11246

Requires federal contractors to engage in affirmative action to address under representation in the work force based on race, ethnicity, or gender.

Illinois Human Rights Act

Provides for freedom from discrimination because of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap, military status, or unfavorable military discharge in connection with employment.

The Immigration Reform and Control Act (IRCA)

Prevents the employment of illegal aliens.

Requires employers to ensure applicants are legally employable in the United States.

Requires employees to complete an Employment Eligibility Verification Form (I-9 Form).

Employers often violate the act by asking for identification only from people of color or applicants with obvious cultural, language, speech, or accent differences.

You May Ask:

Are you legally employable in the United States?
Are you able to speak/write English fluently?
What languages other than English do you speak?

You May Not Ask:

What kind of last name is “Smith”?

Where were you born? Were your parents born there?

What is your lineage or national origin?

What is your spouse’s nationality?

Are you a citizen of a country other than the United States?

What is your native tongue? How well do you speak English?

What is your maiden name?

Pregnancy Discrimination Act of 1978

Prohibits discrimination based on pregnancy.
Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same as non-pregnant employees for all employment-related purposes, including fringe benefits.

You May Not Ask:

When do you plan to have children?
How many children do you have?
What are the ages of your children?
What is your maiden name?

Title VII of the Civil Rights Act

Prohibits discrimination in hiring, compensation, and terms, conditions, or privileges of employment based on race, religion, color, sex, or national origin.

You May Ask:

You may ask applicants to volunteer racial information when it is not seen by the individual or office involved in the hiring decision.

What professional organizations do you belong to?

Are you available to work weekends? (If job-related)

Have you ever used a different name(s) on your employment or educational records?

For the purposes of checking your work record and credentials, have you ever changed your name or assumed another name?

You May Not Ask:

You may not ask applicants to supply a photo in the application process.

What race are you?

Tell me all the clubs you belong to.

What place of worship do you attend?

Do you wish to be addressed as Mrs., Miss, or Ms.?

What is your spouse’s name?

Where is your spouse employed?

Avoiding Inappropriate and Illegal Questions in Interviews

The purpose of conducting any interview is to assess the applicant’s qualifications for a job position. When speaking with the applicant, it is critical that a handful of questions be approached with caution. These questions surround the issue of various forms of discrimination. Some topics can be addressed in an interview, but certain questions related to these topics cannot be asked at all. We will discuss the fine line between illegal and legal questions.

Topics to approach with caution may include: age of citizenship, criminal record, disability, family, military status, nationality, marital status, parental status, race or skin color, and sex.

Questions About Age:

It is inappropriate to ask about their age or their birth date. Inquiring about their graduation date from high school or college is also inappropriate. Before hiring, ask them if they are over the minimum age for the necessary hours or working conditions. After hiring them, verify the information with a birth certificate or other form of ID and ask for their age on insurance forms.

Which of the following are appropriate interview questions? Keep in mind it is inappropriate to ask any question about someone’s exact age prior to hiring them. You can only ask if they are above the minimum working age.

• What year did you start your first job out of college?
• What year did you get married?
• How old are you?
• Are you over the minimum working age?
• What year did you graduate from high school?

Questions About Citizenship:

It is inappropriate to ask if they are citizens or if their parents or spouse are citizens of the US. Do not inquire about when they, their parents, or their spouse obtained US citizenship or if they, their parents, or their spouse are native-born US citizens. You can ask if they have the legal right to remain permanently in the US if they are not a US citizen. Ask about their visa status if they answer no to the previous question, then ask if they are able to provide proof of employment eligibility upon hire.

Which of the following are appropriate interview questions? You cannot ask if the interviewee or anyone related to them is a citizen. You can only ask if they have the right to live in the United States.

• Were you born in France?
• How old were you when your parents became citizens?
• How long ago did your spouse become a citizen?
• Do you have the right to live a long time in the US?
• Can you provide proof of being a US citizen upon hiring?

Questions About Criminal Records: It is inappropriate to ask if they have ever been arrested. Do not ask if they have ever spent a night in jail. It is appropriate to ask if they have been convicted of a crime.

Which of the following are appropriate interview questions? During the interview process, you cannot ask if someone is a citizen of the United States. You can only ask if they have the right to be employed here.

• Can you provide proof of being a US citizen upon hiring?
• Have you ever been convicted of a crime?
• Do you have the legal right to remain in the United States?
• What is the status of your visa?
• Are you over the minimum working age?

Author:

Phidelia Johnson is a global Human Resources Practitioner with eighteen years of leadership success. With a focus on streamlining Human Resources administration, she’s well-equipped to find the right solution to a myriad of concerns. Her experience as a commercial business leader gives her a unique ability to advocate for both the employer and the employee.
In her down time, Phidelia is a master of her kitchen, creating wonderful dishes filled with passion and flavor. If she’s not cooking delicious food, she’s stretched out with a good book. She hopes to use her experience to help others, guide company leaders to best practices, and help build better professionals and stronger organizations.

The way in which an organization prepares for and responds to a crisis can have a huge impact on its sustainability and reputation. Crises can come in many forms in this troubled world, but effective crisis management and contingency planning can significantly reduce exposure to external shocks. HR, being the fulcrum around which all this revolves, should always strive to adopt a proactive approach in handling these matters. Even though the implementing body for this crisis management may be other departments of the organization, HR must constantly keep tabs on many of these activities for proper coordination.

Range Of Threats To Business Continuity:

There are many types of threats to business continuity in an organization setup ranging from terrorism, environmental disasters, epidemics, fires, rainstorms, and other dangers to information technology. In order to maintain seamless operation, it is essential to have considered the potential threats and the plans or measures needed to deal with such situations and to ensure all employees are familiar with them. A survey among top company executives revealed the top eight risks which they felt posed the biggest threats to their business as:

• Pandemics
• Global terrorism
• Disruption to energy supply or critical national infrastructure
• Organized crime, particularly fraud
• Market disruption resulting from unexpected global events
• Damage to reputation causing a reduction in shareholders or customer confidence
• Recession
• Political uncertainty

In addition, these can be extended to include:

• Environmental disasters such as floods, snowstorms, hurricanes, subsidence or landslides, droughts, tornado, electrical storms, freezing conditions, fires, earthquakes contamination, and other environmental hazards.
• Organized disruption such as sabotage, theft, arson, industrial action or disputes, war or acts of terrorism, and the kidnapping of key staff members.
• Loss of service or utilities including power supplies, water or gas supplies, a shortage of oil or petrol, telecommunication services, and loss of drainage or waste removal.
• Equipment or system failure within the organization including IT hardware or software, power production lines, air conditioning, and negative publicity.
• Any epidemic causing the absence of many staff members or specified key staff.
• Other emergencies such as disruption to public transport, neighborhood hazards, and workplace violence.
• Negative publicity or legal problems.

Actions To Take:

There are two parts to dealing with external threats: firstly, risk mitigation and reduction, and secondly, planning and training to manage a crisis.

Risk Mitigation

Think about what sort of events are likely to occur and their subsequent risks to the staff and the business as a whole, their likely impacts on staff productivity, and the effect on the general morale of staff members in the organization. Consider an example of security breaches and other dangers resulting from criminal activities from both internal and third-party sources. In this situation, HR can coordinate with other departments, such as the IT department, to ascertain the possibility of some staff members being complicit in such schemes and also the likelihood of collaborating with external sources to commit such crimes. Some other preventative measures by HR may include intensive background checks on staff members in order to get rid of such elements from the system or collaborating with state intelligence and security agencies to work out a system to preempt such crimes that have the potential to bring the organization to its knees.

To reduce physical vulnerability to such shocks, HR should also consider the deployment of physical security, information security, and personnel security. This may prompt tighter security measures around the building, more staff on duty at different times of the day or night, better off-site IT backup systems, tighter vetting of new employees, or preventative health measures such as requiring flu shots for all key staff. By focusing on the impact rather than the cause, you can plan to deal effectively with an incident no matter the source.

Within some organizations, there is the need for key personnel to travel for business reasons to a certain destination.

It is worth considering the implications if something disastrous were to happen to the transport carrier. If you perceive this possibility to be a significant risk, you may wish to split the traveling party between separate flights or trains (bearing the cost implication of this). If it is considered to be a minimal risk, you might decide to create a contingency plan if something were to happen detailing who will step into action to ensure the continued smooth operation of the business.

Emergency procedures should be put into place. Consider what may happen: Who will this involve? Who will need information? What should be done by whom, and by when? You may need to consult with the emergency services department to agree on a strategy, especially if you have an apparent health and safety risk in terms of your activities. It is also worth considering working with your neighbors, both in terms of them being aware of any risks and establishing how you can cooperate with each other to operate smoothly in the event of a disaster.

Managing Crises

It may be hard to get managers involved in this and to cover all aspects of an emergency plan, so a good tip is to set up a management committee to represent all areas of the business. Then consider the following

Communications:

Long before a crisis ever occurs, consider your communications to your employees and ensure that they are all aware of any plans that would affect them in the event of an emergency. Ensure that they know how you would contact them and are aware of possible emergency working locations. Check your contracts and consider flexibility clauses so that your employees understand and accept that in the event of a disaster, they may be required to undertake different jobs or to work at a different location. Previous training and having employees with multiple skill proficiencies can really pay dividends in a crisis. You may also wish to consider having a lay-off or short-time working clause in employees’ contracts if you feel you may face situations where no work is available for your employees to do. A system for emergency communication should also be set up; this would include details of all employees, including out-of-hours contact numbers, and should be kept up-to-date and be accessible off-site. If your premises are destroyed by fire, for example, you will need to be able to contact your employees easily, and it may be useful to set up a system for communicating as a group, such as utilizing SMS texting.

Author:

Phidelia Johnson is a global Human Resources Practitioner with eighteen years of leadership success. With a focus on streamlining Human Resources administration, she’s well-equipped to find the right solution to a myriad of concerns. Her experience as a commercial business leader gives her a unique ability to advocate for both the employer and the employee.
In her down time, Phidelia is a master of her kitchen, creating wonderful dishes filled with passion and flavor. If she’s not cooking delicious food, she’s stretched out with a good book. She hopes to use her experience to help others, guide company leaders to best practices, and help build better professionals and stronger organizations.