On July 21, Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will prohibit most private-sector employers and employment agencies with 15 or more employees from asking applicants about their criminal histories and conducting criminal background checks until after applicants are deemed qualified for a job. The law will go into effect on January 1, 2015.

Illinois joins eleven other states that have enacted “ban-the-box” laws that prohibit employers from inquiring about applicants’ criminal history on employment applications and during the selection process. They include Massachusetts, Rhode Island, Connecticut, Delaware, Maryland, Minnesota, Nebraska, Colorado, New Mexico,  California, and Hawaii.

Under the law, employers may not inquire about, consider, or require disclosure of an applicant’s criminal record or criminal history until he has been deemed qualified for a position and has been notified that he has been selected for an interview. If there is no interview, the employer may not inquire into the applicant’s criminal record or criminal history until after making a conditional offer of employment.

The law contains some exceptions, including positions involving fidelity bonding, employers employing licensees under the Emergency Medical Systems Act, and employers that are required to exclude applicants with certain criminal convictions because of federal or state law.

In signing the legislation, Governor Quinn stated, “Everyone deserves a second chance when it comes to getting a job. This law will help ensure that people across Illinois get a fair shot to reach their full potential through their skills and qualifications, rather than past history.”

What does this mean for you? Illinois employers should plan now for the new law. By January 1, 2015, covered employers must ensure that application forms and hiring processes do not inquire into a candidate’s criminal history until he or she is selected for an interview. If there is no interview, you must wait until a conditional offer of employment is made to inquire into an applicant’s criminal history.

Many businesses grow faster than they can keep up with. As they add more employees, they feel like they're just treading water in the realm of HR procedures. The procedures they do have tend to evolve with the company, so they may not be the most efficient methods, and since business owners are busy running their business, they may not realize what laws and regulations apply to them or be able to step aside to realign responsibilities and improve processes. Many businesses cannot justify a full-time Human Resources professional, based on their size, so they divide the HR tasks between several departments or assign them to an Office Manager or similar role. If any of these circumstances apply to your business, the smartest course of action is to hire an outside human resources consultant to create HR Procedures to get your business operating efficiently and compliantly.

HR Procedure Implementation is one of the top four Outsourced HR Tasks. Elite HR Team specializes in procedure creation and implementation. Whether we’re auditing your personnel files, creating recruiting and termination procedures (along with forms and checklists), or providing an “HR Playbook” for supervisors to reference, we can work with you to establish a legally compliant HR function. If you prefer to learn the ins and outs of HR Procedures on your own time and at your own pace, our Elite HR Business School™ can walk you through the policies and procedures you need, from recruiting to termination and everything in between. If you have an Office Manager who handles most of the human resources duties, we have specifically created HR Training for Office Managers to teach them what they need to know.

You spend so much time and energy starting a business and running it—making a business model, hiring the best employees, working toward customer satisfaction—that you deserve to have the Human Resources side of your business run seamlessly and flawlessly. With all the government laws and regulations, you could be facing costly lawsuits and government fines if you don’t do things the right way, so getting things set up the right way is the smart move.

HR Procedure Implementation includes things like:

• New hire procedures with checklists and timelines for necessary paperwork
• Proper documentation—what, why, and how
• Record keeping—what to keep, where, and for how long
• The performance review process and how often to conduct them
• Necessary HR forms
• Effective and compliant recruiting processes
• Legal discipline and termination procedures
• And more!

Running your business with peace of mind comes from knowing the best way to handle common problems and situations, and HR Procedure Implementation will give you the tools to do just that.

If you missed last week’s article on staff training, or any of the articles in the “Top 10 Outsourced HR Tasks” you can catch up on our blog.

A major component of workplace satisfaction is that employees feel challenged. Not many workers enjoy doing the same mindless activities day in and day out. If you can give your employee a challenge, provide the appropriate resources and then get out of their way, while monitoring progress and results, you might find they rise to the occasion. Then, once final results are delivered, ensure that fair rewards are provided. Here are a few other tips to challenge your employees.

Set Goals. Whether it’s fostering friendly competition with sales goals, setting overall corporate goals, or setting personal goals for your employee, having something to strive for will give them added incentive to try their best every day. Setting goals should be a component of the annual review process. Get their feedback about what they would like to accomplish.

Promote Creativity. If you let employees share their ideas and run with them, you might be surprised how far out of the box you can go. Encourage creative thinking and non-traditional strategies.

Increase Engagement. Communicate problems and issues that are affecting the company, and allow your employees the chance to address concerns. They may come up with solutions. Mutual trust is key. Sometimes you want to protect employees from the hardships that come with small business ownership. Withholding information can be demoralizing to staff, as well, though, because they often know more than you think, and rumors and speculation can be more demoralizing than the truth.

Build in Chances to Learn, Risk, Fail, Grow. If you ask for feedback, take a chance on some of the suggestions. Give employees latitude on smaller issues and as they prove themselves, expand their responsibilities. A project may take a little longer than you wanted or may need some intervention, but as long as you monitor the situation, you should be able to step in before any lasting damage is done. Also encourage your employees to come to you if they need help. This can also help you delegate tasks and get them off your plate.

Give Them a Task They Don’t Like (or Aren’t Used to). You can temporarily assign employees to areas outside their comfort zone. Explain to them why you’re doing so. They may learn new skills or apply their current skills differently. Seeing problems with a fresh set of eyes may also offer new solutions. By working with another department or swapping duties with someone else in their department, employees will learn to appreciate what other team members do and cross-training may help in case of an emergency or medical leave. Overall, it helps them understand their own roles and responsibilities better and how their role affects other areas of the business.

Develop Opportunities for Career Enhancement. Whenever possible, let employees define their duties. This may sound scary, but it’s not. When you bring on a new hire, you explain to them the essential tasks that must be done for them to remain employed. Outside of that, what special tasks pop up in your office? Need someone to volunteer for a charity event, design a storefront display, or do some paining? Ask for volunteers and then delegate.

Create an Environment that Encourages Great Performance. You want your business to be excellent. Encourage your staff to because the best version of themselves as well. Let them know that you’re in their corner, and you want them to success personally and professionally.

Propelling your business forward isn’t something that happens automatically. Most businesses train new-hires in the knowledge and duties they’ll need to succeed. But not all businesses focus on continuing training and development to help their staff continue to learn and grow and find success within their organization.

 Because training has to fit around the working day and your employees still need to perform their jobs, it is number five on the top list of outsourced HR tasks. By training your staff, you are giving them the tools they need to succeed in their current position, and also showing them a possible career path within the organization. Investing into their job by allowing cross-training with other departments or by assigning additional responsibility gives them a sense of ownership in your business and helps to prevent turnover.

Staff training can serve as a refresher or reminder of the company’s values and expectations. For example, four types of training businesses should consider are the prevention of unlawful harassment and discrimination, the prevention of workplace violence, the prevention of wage-and-hour law violations, and finally, the adherence to the organization’s code of conduct. Training like this should occur at least bi-annually, and often annually, especially if the business has frequent new hires. Many businesses choose to hold in-person training sessions with the option of on-line participation for remote workers and those who are absent or can’t make it. On-line training sessions are often the most convenient, since they can be completed in the employee’s own time and doesn't disrupt business operations by requiring all employees to be in training at the same time!

Staff training can also be specific to inform employees about certain aspects of their job. Customer service seminars can give employees new ways of interacting with customers. You might also use training to show employees a tool that will help them perform more efficiently. For example, you may choose to train on a new software or the use of social media in marketing.

Training can lead to team-building as your employees come together to learn about a new platform, focus on a common goal, or revisit what makes your company operate effectively. It inspires your employees to do their best and perform in the way you want them to, and may also protect you from potentially disruptive or costly situations. For example, by conducting Sexual Harassment & Diversity Awareness training, you’re instructing staff on proper behavior in the workplace, which may prevent a harassment situation. If harassment occurs, you can show a jury that as a company, you tried to prevent it and you don’t condone such behavior.

Bottom line: every employee can benefit from training. Training leads to a better culture and helps retains employees as you invest in them and they invest in their jobs. As Zig Ziglar says: “What’s worse than training your workers and losing them? Not training them and keeping them.”

The top way to motivate your employees is to communicate with them. Communicate with every employee who reports to you daily, even if it’s just a pleasant good morning. Meet with them often to communicate any company information that may impact their work. Clearly communicate expectations. 

Take an interest in employee’s lives. Pay attention to what excites them. Inquire about life events they have shared and how personal and company events turned out.  Realize that they have a life outside work, just as you do, and people and events that are important to them. By acknowledging this, you reiterate the importance of their job to create the life they want outside of work and realize what motivates them.

Implement an open-door policy for staff members to share ideas or concern. Make sure they understand that they may be required to solve some problems for themselves, but the manager or supervisor is always there to support them.

Provide employees the opportunity to develop their skills and abilities. By offering training, outside classes, or workshops and seminars, you’re showing the employee that the company is investing in them. 

Allow employees more decision-making authority within the realm of their job. Not many employees like to feel micromanaged. If you give them authority over the small day-to-day decisions they encounter, employees will feel a greater sense of responsibility. 

Address employee concerns and complaints before they make an employee or the workplace dysfunctional. Many employees just want to be heard. Venting frustrations may be enough to alleviate the workplace stress that has developed. However, if a situation where intervention is needed arises, it’s best to address the conflict when it’s still in the beginning stages.

Employee recognition is essential. Verbal praise, a thank you note, or a small token of gratitude or a formal recognition program can go a long way to making an employee feel appreciated.

Emphasize the importance of process. First, go through and make sure that your processes are working for you. Sometimes teams procrastinate on the little steps because they don’t think there’s any harm or because they feel filing is busywork. Explain the chain of events and that there aren’t any small steps, only small thinking. If they understand why they’re required to accomplish “grunt work,” they may be more willing to shoulder the responsibility.

Give employees a clearer picture of their compensation. By providing a report of their adjusted salary when benefits and perks from the company are added in, they may see that your investment in them is more than they thought. For example, if you contribute to health care costs, cell phone bills, provide coffee, tea, or snacks, or contribute to a life insurance policy, these are all items that could be added to their salary.

By communicating, showing genuine concern, and investing in an employee's success, you motivate them to show loyalty to your business and to invest themselves in their job. These small things can go a long way toward creating content employees and a healthy culture in your business. 

*More great information like this is available in our Elite HR Business School™! We walk you through everything you need to know from hiring to firing.

There are a slew of reality shows that focus on crisis intervention in small businesses. Restaurants, hair salons, and various family-owned businesses are usually highlighted. While these accounts are edited to focus on the most dramatic incidents, it seems that a common theme runs through them: lack of good management. This is a common problem in small businesses. Whether they actually are family businesses or not, small businesses tend to feel like a family, and sometimes Brother Bob shouldn’t be in charge of Purchasing and Sister Sally isn’t cut out for Customer Service. You want to use the talents that your staff demonstrates naturally and train them in the areas where they’re weak. And that’s why management training & development made our list at number six!

It has been said that people are promoted to the level of their incompetence. This is known as the Peter Principle. The best worker in the department doesn't necessarily have the skills and knowledge it takes to manage others. By investing in management training, you build strong management in the ranks of your organization, you promote loyalty among your workforce, and you show the team there is room for advancement.

Managers also need to be trained on compliance issues in the workplace. A simple getting-to-know you conversation before an interview can lead to a lawsuit if your manager asks an illegal question (for example, one that exposes a protected class, such as marital or family status or sexual orientation). “Do you have any kids?” might seem like a polite inquiry, but if you fail to hire a woman without properly documenting why she wasn’t chosen, she could sue you for discrimination!

Managers aren't born with the innate knowledge of how to inspire a team, conduct a performance review, or discipline or terminate an employee. Some may think that being "friends" with everyone on the team is the most important thing, instead of being a leader, and others may think that being a leader means making your employees afraid of you. Make sure you train them to use a management style that reflects your company's values and builds up employee morale, promotes loyalty, and reduces turnover. 

Management training reduces turnover by developing the talent you already have, and increases productivity, thus making the company more profitable. Your managers are there to ensure that your staff is living up to their potential, and having effective managers increases your return. Recruiting in-house also allows you to attract and retain quality people, as they are more likely to see their “job” as a “career” when they know there are paths of growth available to them. This is especially important to Millennials, as their generation is used to instant gratification, but it works equally well on employees of all generations who want to find long-term, stable employment.

Elite HR Team recommends that managers go through training on various subjects at least annually. These subjects include things like mitigating employee issues, handling disability accommodation requests, conducting performance reviews, compliant and effective recruiting and much more! The increase in productivity, decrease in potential fines and lawsuits, and improvement in morale alone are well worth the cost of training. You will also find that employees thrive when they know what's expected of them and your business will thrive as well.

If you've missed any of the previous articles in our series, make sure you catch up on our blog.

Firing an employee is often one of the worst tasks an employer faces, because they get emotionally involved. Bosses tend to second-guess themselves. They don't want to hurt the employee, or the employee's family. Small businesses may especially feel like employees are an extension of their own family and that they have invested a lot in the person. Employers also worry about the extra work involved in hiring a replacement and the possibility that a new person might be just as bad—or worse—than the last! And, of course, every employer is worried about the possibility of being sued.

Proper disciplinary procedures are also an area that many employers find troubling. Many wait until problems have become too big to ignore, or drop the bomb in an annual review instead of practicing good communication on a regular basis. There are some things to keep in mind that will help employers with a problem employee.

First, take a step back. Despite your best intentions, becoming emotionally involved in the situation will only make it more difficult. You have to think about what's best for your business, and delivering the news in an even, unemotional way will make it much easier for both parties.

Analyze your records—do you have the documentation you need? Focus on making sure you have recorded past incidents, with all the relevant facts. If possible, you should have performance evaluations and evidence of meetings with the employee to discuss their issues with concrete plans for improvement.

Is there a possibility of discrimination? Be sure to ask yourself questions about the appearance of discrimination on the basis of sex, marital status, national origin, religion, handicap, or age (or any of the protected classes).

Finally, when it's time to terminate, decide when and where. Make sure you have a private place in which to speak with the employee. Rehearse what you're going to say and be prepared for a negative reaction. Remember, this is a decision that has been made. You don't need to keep justifying it once you spell out the reasons (and make sure you give them the real reason), and you don't need to argue. Calmly and firmly state your position. If you've had successive meetings about performance issues or the employee has committed a zero-tolerance action, the employee shouldn't be surprised, although they may be upset.

Every business should have a termination checklist that spells out the process for any employee leaving the company. Is there any equipment that needs to be returned before the person leaves? Key codes or passwords that need to be deactivated or reset? Ongoing tasks that need to be reassigned?

Terminations should be few and far between, but you can still handle them like an expert if you are prepared ahead of time.

*More great information like this is available in our Elite HR Business School™! We walk you through everything you need to know from hiring to firing. 

Many businesses will probably want to sit up and take notice. One of the top conversations we have with small business owners, office managers, or managers/supervisors revolves around a problem employee.

Unfortunately, many small businesses don't contact an HR Consultant such as Elite HR Team until after they've gone through a difficult termination. At that point, they need a lawyer to help them with any litigation threats. The average settlement for wrongful termination is $500,000, along with an average of $85,000 in legal fees. Different discrimination claims have resulted in payouts of millions of dollars. The safest way to terminate an employee is to have documentation and discipline procedures in place before a problem arises. It starts with an employee handbook and job descriptions, which outline your expectations for employees and show the consequences if they aren't met.

Employee terminations are often a last resort, and most small business owners don’t like dealing with the process of discipline and termination. Unfortunately, if you’ve repeatedly warned an employee and their performance isn’t improving, termination is necessary. Replacing an employee can be costly, but not as costly as the lost time, poor effect on morale, and inefficiency of a bad worker.

We recommend that you spell out in your employee handbook the “zero-tolerance” policies—what actions could lead to immediate termination—and include a disclaimer that other situations may also qualify. If an employee endangers him- or herself or another employee, customer, or the facilities, the business’s reaction should be immediate and severe. You also need to understand if you are in an at-will state, and what that means. Basically, the terms of employment can be terminated at any time by either party for any or no reason—as long as it’s not for an illegal reason. So while you can terminate an employee at any time, you still may need to prove that they weren’t discriminated against.

If you haven't gathered yet, let us repeat it for you. Documentation is especially important when it comes to firing an employee. If you don’t have proper documentation, it may take longer to sever the relationship as you build up a record of incidents and warnings against that person. If you’ve made the decision to terminate someone, this can be a stressful and tension-filled time.

Elite HR Team wants to help you avoid terminations by building a strong, loyal, and happy workforce, but when termination is necessary, we can walk you through the best procedures to do so. Contact us now and get solutions before you have a problem! 

This is the fourth installment in "Top Ten Outsourced HR Tasks." If you've missed any of the previous installments, you can catch up on our blog.

It can be tempting to write your job requisition and then just wait for the resumes to come flooding in. It may seem redundant to have a job application as well, when all the job applicant's information is hopefully already on their resume, but here are some reasons why you need an application.

• An application allows you to compile all the information you need in one place.
• An application is the perfect place for a permission statement, which gives you the authority to call former employers and check references. You can also include at-will and false information statements, which inform candidates of your requirements.
• You can customize the application to gather the information you need, including education requirements or certifications, to make a preliminary decision what candidates to bring in.
• Although you can't make hiring decision based on protected classes, if your company is required to meet affirmative action benchmarks, the application is a good place to allow candidates to willingly self-identify.

Job applications are one more thing that a company can do to protect itself. If someone threatens legal action for discrimination because you didn't hire them, you can use the paperwork provided in the job application to prove that you hired based on fair practices. Applications are easy to create with our HR Form Templates. 

Filing paperwork is a dreaded task in most businesses. Did you know you are required to keep more than one file per employee? Are you keeping your I-9 forms separate from your personnel files? There are a lot of regulatory requirements around personnel files, and internal audits can help uncover them before you face steep fines. The I-9 form alone contains potential fines of $110 to $16,000 per violation. Filing medical information in the wrong place could lead to a potential lawsuit, with lawyer’s fees averaging $85,000. And wrongful termination lawsuits, which can have payouts in the millions, can be avoided with proper documentation—if you can find it when you need it! That's why Personnel File Audits are number eight on our list of the Top 10 Outsourced HR Tasks. If you missed the first two issues, you can catch up on our blog.

Personnel File Audits are a great way to get your file drawers organized and legally compliant. Having an outside source come in and audit your personnel files ensures that you are starting fresh, keeping only the information you need, and filing it compliantly. Elite HR Team's color-coded label system makes keeping the files organized a snap.

We’ve always saved clients more than their investment to audit their files and correct non-compliance. Much like finding dust bunnies under the bed, our audit “deep cleans” your files and searches for every possible fine. We leave you with files that are separated into personnel, medical, and financial, and labelled with necessary documents that should be contained within. We can’t promise to bring you joy in filing, but we can make it easier!

Elite HR Team wants to give you the tools to organize your office and do things right. A Personnel File Audit can get you back on the right foot. Check out our solutions for your personnel files here.