The face of hiring and human resource management is changing fast. The combination of advances in technology and changes in legislation (can you say, “Affordable Care Act”?) will impact employers in a big way in 2013. To stay ahead, companies need to implement changes in their operations, or they will fall behind.

What are other firms doing in HR this coming year? Here are some changes you’ll likely be seeing:

Companies are starting to buy into HR software consolidation in a big way. Instead of using dozens of different software applications to recruit, hire, manage and measure employees, organizations will utilize enterprise content management (ECM) systems to bring everything into one system. Efficiency improves, while costs decline.

Continuing the trend of data management, more HR departments will address the problem of providing access to employee data while keeping it safe. Creating secure, central databases can eliminate the downtime in locating employee information, as well as the mountains of paperwork that causes storage and confidentiality issues.

As more employees bring their personal devices, from smartphones to tablets, into the office, employers will need to create policies to address their use. BYOD, which stands for Bring Your Own Device, is a trend that many employers are starting to become accustomed to. Employees who are allowed to bring in their own devices are more productive, because they are more familiar with the technology and have loaded the apps that work for them.

However, companies must guard against misuse of company communications and leaks of trade secrets, customer data and other sensitive information.

In more companies, HR will become a major player in long-term goals and strategies. Chief HR Officers will become more common, HR software will be integrated in business planning, and better analysis will allow organizations to crate more results-driven projects.

The word of 2013 might very well be “engaged.” Employees will need to be engaged in order to be happy and productive. Interactivity will become a bigger part of recruiting, training, and performance evaluation. It’s what employees are used to, and where the business world in general is heading.

Sometimes employment decisions don’t go well. Seemingly good hires turn out badly, because of performance issues, attendance problems, inability to follow the rules, or other terminable offenses. Even the best employee screening process cannot tell you whether a candidate will succeed at the job.

When it’s time to terminate, many employers struggle with doing it right. In this age of litigation, fear of discrimination or wrongful termination lawsuits have kept many sub-performing employees on the payroll.

Employers have the right to terminate employees, but it’s best to avoid any possibility of a lawsuit. Doing so takes some organization, preparation and follow-up. And it means sticking to your reasons for termination throughout the process. Changing your story at any point is confusing to the employee, and can lead him or her to believe you are not telling the truth, which can open the door to a lawsuit.

Experts will tell you that the key to a solid termination case is to prepare yourself ahead of time. Document the employee’s performance and your actions, including counseling and recommendations for improvement. During the termination conversation, keep to the topic at hand. Don’t allow the employee to steer it to an airing of grievances or defense of his or her record. Have a witness in the room. And when informing the employee of the reasons for termination, keep it simple. Don’t try to over-explain, and don’t offer additional evidence. Simply state the reason, say the relationship didn’t work out and offer next steps.

Legal disclaimer:
The contents of this article are intended for general information purposes only, and should not be relied upon as a substitute for obtaining professional legal advice applicable to your situation.

While the economy is sputtering back to life, it’s still been a rough year for plenty of small-and medium-sized businesses. So, what does a well-meaning employer do about the question that comes up every year at this time: to give year-end gifts or not?

Perhaps your company bounced back into the black and you feel like celebrating. Chances are, employee gifts are not a big dilemma for you. But if 2012 was unprofitable, you still need to closely control expenses.

Holiday parties, bonuses and gifts can easily get out of hand. But what do workers think of “token” gifts, or miniscule bonuses?

Surveys say that even small gifts are appreciated by employees, and go a long way to boost morale. The majority of 600 workers surveyed by benefits consulting firm Parago said that a $25 gift card would satisfy their expectations. Eighty-three percent said a reward makes them feel appreciated, motivated to work harder, or more loyal.

So if you can afford it, a small gift could reap big benefits for both employee and employer. But be careful that you don’t add injury to insult. If you’ve cut pay or benefits this year, a small token gift could upset workers more than motivating them.

Of course, you could also revamp your rewards program to give bonuses to employees who deserve them. Setting goals and tying rewards to performance takes all the guesswork out of what often proves to be a sticky situation for employers.

Many employers are embracing change in health care rates and regulations by trying to create a healthier workforce—one that smokes less, weighs less and has lower rates of high blood pressure, diabetes, strokes and cancer.

Popular ideas include partnering with fitness centers for reduced pricing on memberships, and sponsoring smoking-cessation clinics and classes. Some employers pay workers to walk or ride their bikes to work, or have created sports teams and walking clubs. Still others help employees lose weight by paying for Weight Watchers or other weight-loss plans. All of these positive incentives have helped countless employees start on the path to healthier lifestyles.

Now there may be a bit more negative reinforcement going around. In a different approach to behavior change, many employers are encouraging employees to change their behavior through disincentives. These work by punishing employees for failing to meet goals that they set for themselves.

How does disincentivizing work? First, employees set health-related goals and sign a commitment contract that they will reach them. They also choose motivators to help them stick to the commitment. Penalties for failing to lose the weight or for smoking a cigarette include charges to participants’ credit cards or donations to a charity organization the employee particularly dislikes. For example, a bacon lover who needs to lose weight might see a $2.00 donation to PETA each week he or she fails to meet the goal.

For some employees, little punishments like these are much more motivating that all the positive reinforcement in the world. Try establishing some fun incentives or disincentives for your employees. Different people respond to different approaches, so try both to see what works. If a healthier company is the result, it will be well worth the effort!

Even the best hiring processes don’t always result in perfect hires. Hiring managers may carefully screen applications and resumes, interview the most promising candidates and check references. They narrow the choice down to a few possible hires and conduct all of the necessary employee screening checks. The best candidate passes with flying colors, and everyone agrees to make an offer.

But it doesn’t always work out. Employees don’t meet expectations, or are unable or unwilling to improve their performance. Some break company policies—or even the law. For whatever reason, every employer at some point faces the unpleasant task of letting employees go. But it’s not easy.

Because termination is an expensive process, with the potential for legal problems, experts recommend going through a standard process to protect the company from legal issues and retaliation.

• A solid paper trail of documentation will help. It can start with the hire: give all employees an offer letter or include in your employee manual that employment is at will and may be terminated at any time. Do be aware of employment laws. Not every offense is a terminable one.
• Employee manuals should be given to each employee, with clear policies and the consequences of breaking them.
• Performance evaluations or appraisals are a must, especially for new employees. Conduct them at 30, 60 and 90 days, to keep track of discussions and warnings regarding employee performance.
• Base your termination decision on performance, unless the employee has policy infractions serious enough to warrant termination, such as theft, failing a drug test, or on-the-job alcohol or drug use.
• When the decision is made, act quickly. When it’s time to tell the employee, be prepared. Gather all the necessary documentation, including any required forms for the employee to sign. Have a witness with you.
• Prepare what you’ll say, and keep it professional. If there is any severance pay, let the employee know. Keep the conversation short and don’t argue. Allow the employee to vent if necessary. This is not the time for your feelings or emotions to come in. Try not to apologize or over explain the reasons, which could cause confusion.

Of course, if you have questions about terminating employees, consult your legal advisor.

Most leaders have good intentions. They work hard, and strive to develop their employees’ talents and abilities to reach the organization’s goals.

But not all of them are successful. Sometimes, it’s the little things that need attention, but can make a big difference in morale and productivity. Keeping good employees happy can help ensure they stick around longer, which makes work easier and more pleasant for everyone—and by reducing turnover, helps the bottom line.

Here are a few small ways to make managing employees easier:

• Get rid of unnecessary processes and rules. Ask staffers what rules and procedures are hampering their productivity or just making them unhappy. See if there are ways to rework policies to achieve the same goals. Is it really harmful to allow purple hair or for employees to eat at their desks?
• Clarify your expectations. Employees will achieve more if they know what’s expected of them. They don’t often know what the outcome of their tasks should be, or exactly what a “good job” looks like. Tell them what you need, what success entails, and how their work will be evaluated.
• Uncover and use employees’ talents. Get to know what really lights up your employees. What are their passions? What are they really good at? Can you incorporate their best qualities into their current position, or should you create a new position? You’ll get better results when employees feel fully utilized.
• Don’t waste their time. Unnecessary meetings, meetings that start late or don’t have a strict agenda, weeks of work that gets tossed because someone changed their mind about what was needed—they’re all big time wasters. Plan well and respect everyone’s time.

As in any relationship, keeping communication open between managers and employees is key to success. Ask people what resources and tools they need to be successful, and  find a way to provide them. Then, eliminate things they don’t want or need, and above all, keep listening.

When it’s time to hire new employees, many employers go through the same steps, each and every time:

1. Advertise the job opening.
2. Wait for applications and resumes to come in.
3. Interview candidates.
4. Choose one and hire.

But one important step, pre-employment background checks, is missing. Some employers don’t see the value in performing background checks or credit checks on prospective employees. Some states limit employers’ ability to do so; but in most areas, you are allowed to check a prospective employee’s criminal history. You may be limited in checking credit history, but usually not if the position involves money handling—even states that limit credit checks in employment allow them in this case.

Whether it’s just not part of the company’s practice, or you’re concerned about staying within the letter of the law, it’s a good idea to rethink your hiring strategy and consider doing a thorough employment screening before you hire.

Why Conduct Pre-Employment Screening?
Everyone looks good on paper. Professional-looking applicants who also happen to be thieves, embezzlers and sex offenders can walk through your door at any time. You can’t know what’s behind the name on a resume without checking criminal and credit records.

These days, companies of every size are vulnerable to the theft of sensitive data, funds and company secrets. Employers can be held liable for criminal activities occurring at the workplace, whether they are aware of them or not. They can potentially be held liable for violence or other harm that comes to workers, customers or the public if they hire individuals who are known to be violent.

Screening all potential employees before they are hired can help reduce the chances of financial or other damages to the company, its staff, customers and others. Employee screening is easy and fast, when you use a trusted, professional company like CriminalData.com. Our screening specialists can help you gain the peace of mind that comes with knowing you’re hiring someone you can trust. And when you let the professionals handle your pre-employment credit checks, you’ll never have to worry about whether or not you’re in compliance with federal or state consumer protection laws.

Legislators around the country have been reacting to reports of employers requesting or requiring employees and/or applicants to provide access to their personal social media accounts. Maryland and Illinois both enacted “password protection” laws, followed by the California, where Governor Jerry Brown recently signed a new bill into law.

California’s law generally prohibits employers from requesting employees and applicants to provide access to their personal social media accounts and content. However, it is not as broad as the Illinois law, which prohibits employers from demanding access in any manner to an employee’s or prospective employee’s account or profile on social media sites. Illinois employers may not ask for log-in information, look over employees’ shoulders to gain access to it, or request screen shots of social media posts.

Maryland employers may not directly request log-in credentials, but are allowed to access an employee’s social media account when the request is in conjunction with securities fraud investigations or improper use of trade secrets.

California’s law also prohibits employers from requiring employees to access their social media accounts in the employer’s presence (“shoulder-surfing”) or to provide log-in information. In addition, it prevents employers from requiring employees to share any social media content, such as the Facebook posts of co-workers.

However, California’s law permits employers to ask workers to divulge personal social media content if there is a reasonable belief that it would be relevant to investigations of employee misconduct or violations of laws and regulations.

Note that this part of the law does not apply to job applicants. In addition, California’s law states that employers may not discharge, discipline or retaliate against an employee or applicant if they refuse to comply with a request or demand for access to a personal social media account.

Expect more of these laws to be passed around the country in the near future.

Whether you’re new to interviewing job candidates, or have been at it for years, we’ve got some news for you: the same old questions won’t do.

The purpose of the job interview is to find the person who can do the job you need to fill, fit in with your company’s culture and stay out of trouble. Not all questions will get you to that goal.

A few questions that employers should not ask:
“Tell me about yourself” – This question is just too general to result in the information you need to know to hire the right person.

“Would you like some coffee?” – Don’t distract yourself or the interviewee from the task at hand. If they say “yes” out of sense of politeness or obligation, you’ll then have to find out about cream and sugar, fetch a mug, make the coffee. Skip the beverage service and get to the interview.

“Do you have your references?” – Again, this detracts from the interview and puts the focus on former employers, friends of the family or semi-influential community members that the candidate might want you to know all about. Save this question for later in the process.

“Where to you want to be in five years?” – There are few good answers to this question. If the candidate answers with “in your chair,” or “president of the company,” is that really what you want to know? They can’t say that they’d like to stay for two years and then jump ship to their buddy’s startup. And if they say they’d love to be in the same job, in the same cubical, doing the same work, what does that say?

Of course, there are questions that can get you into big legal trouble, specifically those that lead to claims of discrimination. Employers are not allowed to ask family-related questions, such as asking a woman how many children she has, or about an applicant’s religion, national origin, marital status, race, disabilities, health or physical abilities, or age. Asking whether an applicant is a U.S. citizen is also illegal.

Plenty of companies are touting their sustainable practices and accomplishments. But sustainability goes beyond switching to recycled paper and reducing waste. Employers may have heard that sustainability has taken on a broader definition that encompasses good human resource practices.

Sustaining employee relationships is a big part of a more holistic business view. Just ask any company manager who has applied for sustainability certifications: many of the questions will be related to HR. Certifying agencies want to know how employees are treated and paid, and how the company relates to the community at large.

HR departments are more engaged in building a company culture that embraces all forms of sustainability. Organizations are trying harder to build good community relationships by supporting worthwhile organizations and leading the way to improve daily life for everyone. They are improving their diversity, from the boardroom to the shipping room. They are focusing on the “triple bottom line” of people, planet and profits.

Creating a sustainable culture can start with the little things: recycling and reusing are certainly an important foundation. From there, it’s important to take care of employees through fair pay and benefits, training and performance management, and by actively pursuing diversity and inclusion. Finally, going beyond the company’s walls to improve surrounding communities helps ensure a healthier place to live, work and do business in.

All of these steps contribute to the new definition of sustainability: a long-term view of how to do business fairly, rather than a close-up focus on sales and profits. And still, many companies report a positive return on their sustainability program investment, along with a rise in morale, efficiency and loyalty, and an improved public image and brand awareness.

Sounds like creating a sustainable culture can be an all-around winning strategy that benefits the company, its employees, the planet and the community.