Ok, so you
are an established firm with assets, equity, and industry connections. Your
receptionist just quit—she is giving birth shortly—and you need someone to
greet customers and take calls. You put an ad in the paper. Basic stuff, right?
Need a high school diploma, some experience, and references. Typed, posted, and…done!
Wait for the resumes to flood your email. Three days later, there are 300
emails from different applicants. Most are liberal arts graduates and female.
You chose
ten applicants to interview. They are all the same and you go through the
motions. In walks Jessica Smith. A sociology major, she worked as an intern
during college and is fluent in Spanish! Considering that you are expanding to
Latin America, this is definitely an asset. You call her three references and
they all check out. She is well composed and is a strong conversationalist. You
are tired of interviewing and decide to make her a job offer.
Three months
go by (the maximum trial period, before dismissal merits compensation in
Ontario) and things are fine. Month four you receive a call from a Chilean
contractor who explains that your receptionist is not fluent in Spanish but
instead wields an elementary level vocabulary. Ok, not terrible. Its not like
you are compensating her for her linguistic command, right? Month five goes by
and she is late almost everyday. You take her into your office and explain
attendance policies. She gets very upset and storms out.
A week goes
by and she doesn’t show. You file the paperwork for termination, contending
that her abandonment releases you of any liability. You hire a temp (at a huge
surcharge) and begin the hiring process again. In walks a young process server,
handing out a brown envelope from his attaché. After leaving you open the envelope
and discover that you are being sued for sexual harassment. “What” you tell
yourself? Not only have you never spoken to her in a sexual manner, but
(furthermore) she isn’t your type. Where did you go wrong? You checked her
resume and references…
Its time to
hire a lawyer. Your lawyer hires me. I do a thorough investigation of her character. I find that…
1) She dropped out of college freshman
year,
2) She is a radical feminist,
3) She moves constantly, after rent
nonpayment,
4) She has substance abuse problems,
5) Her job references are fake (her
friends rendered their contact info),
How did I figure
this out?
1) Social media (people are egotists who
instinctively want to share)
2) Public business listings,
3) Reverse lookup,
4) Property search,
5) Media database,
6) Forums,
7) And more :)
The risk is
absurd. Canadian employment law heavily favours workers in all respects. Once a
complaint is made, the burden of proof has been shifted onto you. You must prove
you didn’t harass her NOT the other way around. While Common
Law places the burden of proof on the accuser, Canadian Civil Law—especially in
harassment charges—functions as a pseudo witch-hunt.
Remember,
resumes are a marketing document not unlike an ad. The objective is to sell you
an idea (hire them over others). It
can be easily crafted to fool you.
Fraudsters
use:
1) Fake companies,
2) Fake references,
3) Fake titles,
4) Fake degrees,
5) Fake names
6) And so forth…
The best
indicator of future behavior is relevant past behavior. If they sued their last
boss, chances are they will sue you. The hiring process is daunting, expensive,
and risky. One of my favourite indicators is the credit record. However, it can
only be checked with the applicant’s consent.
Furthermore, Canadian law limits the
type of employers than can mandate a credit check as part of the hiring
process. The credit report illustrates the candidates attitude towards responsibility.
While some situations are unavoidable (like after a domestic breakup), the
report will show a multi-year trend.
My advice?
Put in the work now. Go the extra mile and check everything. Hire a professional.
Do not leave yourself vulnerable!
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