Accurately Assessing Skills, Knowledge of Job Applicant

Q In the last two years, I have hired three assistants using interviews and relying on information in their resumes and applications. Yet, none of the three were able to do the job. In the future, how can I do a better job in selecting workers?

--M.S., Cypress

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A Often, hiring programs are unsuccessful because interviews and other screening procedures fail to assess the types of skills or knowledge applicants need to perform a particular job.

Start with a detailed analysis of the assistant’s position. You should know the skills, knowledge and types of experience needed to perform this job. Once you have done a thorough job analysis, explore ways to assess whether an applicant possesses these skills.

For example, if your assistant does a lot of word processing or needs to work with particular computer programs, you might focus questions in the interview and application on experience and skills in these areas. If your assistant needs good writing skills, you might request a sample of writing to review.

You can also explore using tests for determining certain skill levels, but you should get some guidance and assistance from a human-resources specialist in this area. Interviews should be highly structured and attempt to get at work-related skills and abilities. Check references, if possible, focusing on whether the applicant has performed similar duties in previous jobs.

The key to hiring is to be systematic and thorough and focus primarily on whether the applicant has the skills and abilities to do the job.

--Ron Riggio

Director, Kravis Leadership Institute

Claremont McKenna College

Requiring Proof of Health Coverage Q I was recently hired by a well-known company and in the orientation process I tried to decline the HMO plan they were offering.

I was told that the only way I could decline this insurance was to provide the company with some proof that I had some other type of coverage.

I think the insurance is grossly overpriced, since I’ve done some investigating and found similar HMOs offered at other companies for a third the cost I’m paying. Is this legal?

--A.S., Los Angeles

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A Yes. Employers are permitted to place reasonable requirements on job applicants so long as they do not discriminate on the basis of race, sex, age, disability or another protected category. Many employers want their employees to be covered by a health plan in order to avoid the problems associated with an employee’s being uninsured, such as longer absences because of more serious illnesses that might have been cured earlier with proper medical treatment and financial pressures from medical bills.

Note that your prospective employer does not require you to be covered by its health plan, just that you be covered by some plan. If you can find cheaper insurance on your own (some large group insurers provide individual coverage at competitive prices), this should solve the problem.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

Backing Out of Voluntary Resignation Q I worked for a government agency, which has approved my voluntary resignation, including a bonus, on a certain date. The document states that this action is irrevocable.

Now my financial status has changed and I want to withdraw my resignation, which doesn’t take effect for a couple of months. The agency responded in writing that my resignation was irrevocable. The agency stated that I will still be forced to resign, maybe this time without a bonus.

What recourse do I have against the government, my employer? Since I sought to withdraw the resignation, would my voluntary resignation be reclassified a firing, therefore qualifying me for unemployment insurance after I depart?

--Y.T., Calabasas

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A “Promises are promises,” your employer will argue. Just as you expect them to abide by their contractual commitments, so do they expect you to comply with your resignation. There is no wiggling out, they will claim.

You could try arguing that you have caused them no harm. Perhaps they have not even found your replacement yet. Yet, in the end, they will probably prevail with their argument. You simply resigned and they accepted that resignation. It is a contract.

I don’t understand why they are now refusing to give you a bonus. If they argue that your resignation and their acceptance of it was an irrevocable contract, then their promise to pay you a bonus should be the same.

You might ultimately get unemployment insurance even though you resigned. You could argue that you tried to cancel the resignation and caused the employer no harm. You could argue that your reason for resigning was justifiable. For example, if you took this action because of discrimination or other illegal actions in the workplace, it will be deemed a “constructive termination” entitling you to unemployment benefits.

--Don D. Sessions

Employee rights attorney

Universal City