This paper outlines recommended steps for managing two critical human resources functions: pre-employment hiring and employee termination. It addresses identifying core competencies, designing behavior-based interview questions, and using talent assessments to screen candidates efficiently. On the termination side, the paper examines employment-at-will doctrine, relevant case law, and legal pitfalls organizations must avoid. It also discusses which organizational departments should be involved in these processes, how the security department can communicate with other units, and how top management can use audits and designated "captains" to ensure departmental compliance with established recommendations.
Effective workforce management depends on well-structured procedures at both ends of the employment lifecycle. Organizations that invest in thoughtful pre-employment hiring processes and legally sound termination procedures reduce risk, improve performance, and foster organizational consistency. The sections below outline recommended steps for each process, identify the departments that should be involved, and propose strategies for ensuring cross-departmental compliance.
In designing a pre-employment hiring process, organizations must first identify the skills and abilities needed to perform the given job correctly. By defining the required skill set upfront, the organization can effectively assess the competency of viable candidates. Core competencies are critically important, as candidates must possess the skills to carry out the necessary functions of the role. Accordingly, the first step is identifying precisely which skills the position demands.
Next, the organization must determine what questions to ask in order to properly gauge each candidate's skill level. These questions should eliminate interviewer bias and be behavior-based, demonstrating competency in the relevant skill and illustrating how that competency will transfer directly to the organization. Pre-employment tests and talent assessments are also valuable tools for evaluating candidate skill sets. Such tests are particularly efficient because they can screen applicants before the formal interview stage. As a pre-employment screening mechanism, talent assessments help reduce both the time and money spent on identifying viable candidates.
When it comes to termination, organizations must follow established rules to avoid costly legal disputes. Most importantly, a termination must not be malicious in nature. Many states operate under the employment-at-will doctrine, which means the termination process must carefully account for current law to minimize the risk of wrongful termination lawsuits.
In 2006, the Texas Court of Civil Appeals in Matagorda County Hospital District v. Burwell and Tameny v. Atlantic Richfield held that a provision in an employee handbook requiring records to specify the reason for termination did not modify an employee's at-will employment status (Rothstein, 1987). In that case, the court upheld the employer's right to terminate an employment relationship without prior notice. The New York Court of Appeals similarly rejected the implied-contract theory as a means of circumventing employment at will. In Anthony Lobos, Appellant v. New York Telephone Company/NYNEX, Respondent and Toussaint v. Blue Cross & Blue Shield of Michigan, the court restated the prevailing rule that an employee could not maintain an action for wrongful discharge (Toussaint, 1980). The only recognized exception to the employment-at-will doctrine in those cases was one of public policy. In Adams v. George W. Cochran & Co., the court held that an employer cannot retaliate against an employee for complying with public policy — for example, by reporting illegal acts or instances of abuse to the appropriate authorities.
Beyond legal compliance, the organization should also examine the underlying reasons for each termination. Was the separation due to a mismatch of skills and abilities? Did it involve deficiencies that are intangible and cannot be remedied through training? Answering these questions allows the company to evaluate the methods it uses to motivate employees within their particular job functions, and to improve future hiring and retention decisions.
"Cross-functional involvement improves process efficiency"
"Specialized detectives and periodic meetings bridge departments"
"Audits and management oversight enforce recommendations"
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