Reviewing Resumes

Applicants may provide a resume for review when applying for a position within the hospital. Resumes should be short and to the point, with applicants clearly stating what they are looking for in a position. Do not make notes on resumes because they remain part of the personnel file if the applicant is hired. Notes should be made on a separate piece of paper. Also remember that the threat involving claims of discrimination in the hiring process is real, so good defensive tactics must be practiced throughout the entire hiring process.

Reviewing Letters of Reference

It is important to follow up on any letter of reference. Some letters are written to ease a difficult termination; others may have been unwilling to express any reservations that were held at the time of the employee resignation or termination. An outstanding letter of reference is not always that. Phone calls are advised on all applicants; one candidate cannot be treated differently from another.

Asking the Right Questions

With a team of 10s in mind, it is essential to ask the right questions when interviewing potential candidates (Figure 5-1). Questions such as “Tell me about yourself,” “What do you know about our practice?” and “What is your single greatest achievement?” stimulate discussion instead of elicit a yes or no answer. “Describe a typical day in your last job,” promotes discussion regarding work ethic. Questions should prompt the candidate to show his or her skill and potential. Open-ended questions allow the applicant to discuss the question asked. What, when, where, why, and how are excellent words to use when asking an open-ended question. Every person believes he or she has an excellent work ethic and a great personality; the interviewer must be able to distinguish whether this is true. Closed-ended questions allow only a yes or no answer (Box 5-1).

A working interview can also help determine an individual’s work ethic and skill. Many applicants may state they are qualified for the position, and a working interview will help determine whether certain skills are met. It is important to remember what questions cannot be asked during this working interview (see below).

One may also ask candidates if previous employers can be called; answers may provide a clue to the past employment history. Once employers are called, an important question to ask is, “Would you rehire this person?” The response can provide valuable information regarding the candidate.

Questions Not to Ask

The hiring process is highly regulated by federal and state laws. These laws exist for the protection of potential employees. Many questions cannot be asked in an interview. Any questions related to marriage, age, gender, religion, and military status are strictly prohibited. The interviewer cannot ask female applicants different questions than male applicants and cannot ask if they have any children. See Box 5-2 for a list of questions that cannot be asked.

Pre-employment Screening

The Fair Credit Reporting Act is a federal law that regulates prescreening reports issued to employers by outside agencies called credit reporting agencies. Employers may use these consumer reports to help screen employees. These can also be referred to as part of a background check. Background checks are a matter of public record; however, employers must have the consent of the applicant.

Practices can also administer a grammar and/or spelling test, perhaps including some medical terminology. A typing test may also be appropriate if the position includes a large amount of typing or transcription services.

References

It is imperative to call all references listed. If a candidate has not provided a list of references with the resume and/or application, one should be asked for at the time of the interview. It can be difficult to obtain useful information when calling references. Because of the increase in defamation lawsuits, past employers are reluctant to provide any information, either positive or negative. Information that is permissible must be factual and documented in written evidence. All references on all candidates should be checked, and the same questions should be asked. One applicant cannot be treated differently from another. Calling references can also reveal discrepancies with the applicant’s resume and/or interview.

The First Day With a Number 10

A new team member’s first day can be intimidating, overwhelming, and daunting. The employee should be introduced to the rest of the staff, given a tour of the practice, and then taken to a quiet area to review practice policy and procedures. The new employee should fill out new- hire forms, including a W-4 (federal income tax withholding form), state tax forms (if required), I-9 (employment eligibility verification form), forms for accepting or declining any employee benefit plans, and emergency contact information. Copies of any credentials should be made at this time. The employee should receive his or her own copy of the employee personnel manual, review it verbally with a manager, and sign a document stating he or she has received, read, and understands the manual.

The new team member should be given a copy of the procedure manual and reassured that he or she is not expected to know all the information within the manual on the first day. The phase training program that the hospital has implemented should be explained, along with the expected dates of completion. The new employee should be allowed to observe the whole team for the rest of the day and encouraged to ask questions. Hands-on training can begin the following day. Taking the new employee to lunch adds a personal touch to the day. Team members can ask questions and learn about each other out of the office.

Fair Labor and Standards Act

The Fair Labor and Standards Act (FLSA) was created to establish minimum wage and overtime pay standards as well as regulate the employment of minors. State minimum wage may be more or less than the federal minimum wage; whichever is higher supersedes the other. Minimum wage changes periodically and managers should be aware of changes. Any employee working more than 40 hours within 1 work week must be paid overtime at 1.5 times the regular rate of pay. The FLSA makes reference to a work week as 7 consecutive, regularly recurring, 24-hour periods totaling 168 hours. For the first 40 hours worked in any given work week, each employee must be paid at least minimum wage. Overtime pay must be paid for any hours worked above 40 in a given week at the stated hourly wage.

An exemption to overtime pay applies to any individual involved in executive, administrative, or professional duties. In the case of a professional employee, at least 80% of the duties must require knowledge of an advanced type of science or learning, artistic work, or teaching. Veterinarians and some practice managers are exempt from overtime. It is imperative to monitor team member hours because staff in veterinary medicine often work longer and harder than allowed. Excess hours lead to burnout. Prevention of burnout is imperative or the employee retention rate will drop dramatically. Technicians who work on a salary basis must also receive overtime pay for any hours accumulated after 40 hours. Technicians are not exempt from overtime regardless of salary status. Practices can receive large fines from the Department of Labor for not paying team members overtime.

Another exemption to FLSA is full-time students (who may be paid at 85% of minimum wage), apprentices, or handicapped workers. The Wage and Hour Division of the U.S. Department of Labor issues certificates of exemptions, which must be applied for by the employer, to pay wages less than minimum wage.

Employees must be at least 16 years of age to work in non–farm-related jobs; youths who are 14 or 15 may be allowed to work outside school hours with a work permit. They are allowed to work only 3 hours per day during school days and 8 hours per day on non-school days. Work cannot begin before 7 am and cannot end after 7 pm. During the summer, hours are extended until 9 pm. Work permits can generally be obtained from the school district that the child is enrolled in.

Employers are required to keep records on wages and hours for a minimum of 3 years.

Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) was established in 1993 to protect and preserve the integrity of the family. It was designed to benefit employees without adversely affecting employers. It allows employees to take up to 12 weeks of unpaid leave for the birth and care of a newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition. The employee is guaranteed his or her job, or an equivalent one, upon return to work. Employees must have worked for the organization for at least 12 months, with at least 1250 hours acquired during those 12 months. The employee must give the employer at least 30 days notice before leaving regarding when the period will begin and end. If these requirements are not met, the employer can deny the leave. FMLA applies to organizations with more than 50 employees; an organization with fewer employees is exempt from the act.

Uniformed Services Employment and Reemployment Rights Act

The Uniformed Services Employment and Reemployment Rights Act (USERRA) was created to protect individuals who are enrolled in any branch of the military service. USERRA protects the rights of employees who voluntarily or involuntarily leave an employment position to undertake any military service. Employers cannot discriminate against past, present, and potential employees who are uniformed service members. Employees have the right to return to the employment position they had before leaving as well as any benefits that are or were available at that time.

Immigration Reform and Control Act

The Immigration Reform and Control Act (IRCA) prohibits employer discrimination against any employee or potential employee because of national origin. I-9 forms should be filled out by new hires to confirm that they can legally work in the United States. The I-9 form is required to be completed by employers and states that the employer has examined the required documents verifying employment eligibility (Figure 5-2) (see the Evolve site accompanying this text for the complete form). Documents to verify include a birth or naturalization certificate, a U.S. passport, a valid foreign exchange passport authorizing employment in the United States, a resident alien card (green card), Social Security card, and driver’s license or state identification card. The documents should be photocopied and kept in the personnel file. The I-9 form must be kept for 3 years from the date of hire, or 1 year after termination, whichever is longer.

Employee Polygraph Protection Act

The Employee Polygraph Protection Act prohibits most employers from using lie detector tests for either pre-employment screening or during the course of employment. Employers cannot discriminate against employees who refuse to take a lie detector test. An exemption does apply to a practice that prescribes and dispenses controlled substances. It is advised to review this law further for additional information as it applies to veterinary medicine.

Equal Employment Opportunity

An Equal Employment Opportunity policy prohibits discrimination against employees on the basis of race, color, sex, religion, or national origin. Employers cannot deny a promotion, terminate, or not hire a potential employee for any of those reasons. Equal Employment Opportunity also prevents discrimination of those with disabilities who can perform the job as described in the job duties. The law also requires that organizations provide to qualified applicants and employees with disabilities reasonable accommodation that does not impose undue hardship on the employer. The Age Discrimination in Employment Act of 1967 protects applicants and current employees over the age of 40 years from discrimination on the basis of age in hiring, promotion, discharge, and compensation. The Civil Rights Act of 1964, Title VII, prohibits sex discrimination in payment of wages to men and women performing substantially equal work in the same establishment.

Occupational Safety and Health Administration

The Occupational Safety and Health Administration (OSHA) has set safety standards to protect employees. Employers must provide a safe work environment and comply with safety standards set forth by OSHA (see Chapter 21 for more information). OSHA has the authority to inspect workplace environments without advance notice to the employer. Safety hazard plans should be in place to help protect employees from dangers, and they must be enforced by the employer on a daily basis.

Pregnancy and Maternity Leave

State labor boards or commissions should be contacted to determine the most recent regulations regarding the required length of pregnancy and maternity leave. Employers cannot prohibit pregnant employees from working once risks associated with their position have been discussed. It is unlawful to exclude employees from job duties unless the claim is supported by objective, scientific evidence. If employees insist on continuing to work in a potentially harmful environment, they should sign a statement releasing the employer from liability.

Required Posters

Posters informing employees of their rights are required and must be posted in a location visible by all employees. Posters can be picked up at any local or state labor department free of charge and do not have to be purchased from solicitors. Posters required include OSHA: It’s the Law, Equal Employment Opportunity, Family and Medical Leave Act of 1993, Employee Polygraph Protection Act, Immigration Reform and Control Act, the Uniformed Services Employment and Reemployment Rights Act, and the Fair Labor Act (Box 5-4; Figures 5-3 through 5-7).

Developing an Employee Manual

Employee manuals should maintain a positive tone, avoiding any authoritarian manner. Their purpose is to create a positive work environment, prevent problems before they arise, and allow communication to occur freely. Many problems can be prevented by creating an atmosphere of open communication between team members and management.

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