Archive | December, 2012

Nearly Seven In Ten Businesses Affected By a Bad Hire In 2012

29 Dec

Hiring the right person to fill a position can be a difficult decision to make, and a new CareerBuilder study shows the cost of choosing incorrectly can be high. Sixty-nine percent of employers reported that their companies have been adversely affected by a bad hire this year, with 41 percent of those businesses estimating the cost to be over $25,000.
“Whether it’s a negative attitude, lack of follow through or other concern, the impact of a bad hire is significant,” said Rosemary Haefner, vice president of human resources at CareerBuilder. “Not only can it create productivity and morale issues, it can also affect the bottom line.”
Effects of a Bad Hire
The price of a bad hire adds up in a variety ways. The most common are:
• Less productivity – 39 percent
• Lost time to recruit and train another worker – 39 percent
• Cost to recruit and train another worker – 35 percent
• Employee morale negatively affected – 33 percent
• Negative impact on clients – 19 percent
• Fewer sales – 11 percent
• Legal issues – 9 percent
Why Companies Make Bad Hires
The most common reason associated with a bad hire is rushing the decision process. Two-in-five hiring managers attributed a bad hire to pressure to fill the job opening.
• Needed to fill the job quickly – 43 percent
• Insufficient talent intelligence – 22 percent
• Sourcing techniques need to be adjusted per open position – 13 percent
• Fewer recruiters due to the recession has made it difficult to go through applications – 10 percent
• Didn’t check references – 9 percent
• Lack of strong employment brand – 8 percent
What if you make a New Year’s Resolution for 2013 to take the time to evaluate each new job opening for the skills and personality you need, carefully source and screen applicants, and be much happier with your new employees in the New Year? If you would like help improving your process, contact Don Dressler Consulting by e-mail at or check our website at:

Are You Ready to Prove You Trained Every New Employee in Safety?

23 Dec

Can you produce written proof that every one of your employees has received safety training, particularly new employees? Specifically, can you show:

  1. Employees were given safety training for their job?
  2. The specific training their received?
  3. Who did the training?
  4. When the training occurred?

Personnel Plus Inc. a temporary staffing agency could not produce such records and Cal/OSHA cited them for violating the training documentation requirements of California law.  Cal/OSHA Appeals Board upheld the citation and penalty for violating the Illness & Injury Prevention Plan requirements of CCR 8, Section 3202 (b)(2).

Every California employer – no matter what size – no matter what industry or occupation – must have a written safety plan and provide safety training before any employee starts work.  And, the employer must have written records to prove it. 

If you need help in complying with these rules, e-mail

If You Want To Protect At-Will Status You Have to Put It in Writing

16 Dec

I recently assisted a client in the termination of a long term employee who had become a cause of dissension in their office as well as a significant expense.  In talking with the – about to be ex-employee, he said, “but I was told several years ago that I had done such a favor to the owner that I had a job as long as I wanted”. 

There is little doubt that such a discussion probably did occur.  Such informal remarks happen in the workplace, whether intended or not.  Often the owner or manager may not remember them, but the employee involved does.  Later, when discipline or even time to fire the employee arises, all these comments come back to face the employer.

But they do not have to stop a well prepared employer from doing what he has to do to run his business effectively and lawfully.  You do need to have a well written employee handbook, and employee policies, however. 

This was demonstrated again just recently in Faigin v. Signature Group Holdings, Inc.  a California Court of Appeals, 2nd District, decision issued December 5. 2012.

This case involves damages for breach of an implied-in–fact agreement to terminate an executive’s employment only for good cause.  In this instance, the person was fired because the business was in financial trouble and new executives were brought in to replace him.

The Court of Appeals held: “The existence and content of such an agreement are determined from the totality of the circumstances, including the employer‘s personnel policies and practices, the employee‘s length of service, actions and communications by the employer reflecting assurances of continued employment, and practices in the relevant industry.  [Citations] An implied-in-fact agreement to terminate only for good cause cannot arise if there is an express writing to the contrary, such as a written acknowledgement that employment is at will or an at-will provision in a written employment agreement. [Citations]

The court went on to state, “There cannot be a valid express contract and an implied contract, each embracing the same subject, but requiring different results. [Citations]

So, what does this mean for you as an employer:  make sure you have a well written Employee Handbook with an “integrated at-will” provision.  And if you want to learn more about what that means or how to make sure you have one, just call me or email:

2013 Employment Laws Will Affect Your Business

7 Dec

Below is a list of new employment laws – scheduled to take effect in 2013 or earlier – that will have an impact on your business. We are here to help you with any questions of compliance – just call me at: 949-533-3742 or e-mail: to answer any questions.

Included in Detail – Find the Following Topics:

• Religion and Reasonable Accommodation
• Sex Discrimination and Breastfeeding
• Social Media and Personal Passwords
• Inspection of Personnel Records
• Itemized Wage Statements/Temporary Service Employers
• Penalties for Wage Statement Violations
• Commission Agreements
• Fixed Salaries and Overtime
• Wage Garnishment
• Human Trafficking Posting
• Workers’ Compensation Reform
• Accessibility Reform
• Fair Employment/Housing Commission Eliminated
• Intellectual Disabilities
• Unemployment Insurance: Overpayment and Penalties
• Prevailing Wage
• Farm Labor Contractors
• Warehouse Worker
• IRS mileage rates increase
• State minimum wage increases (as well as San Francisco and San Jose, CA)

Please call me at 949-533-3742 to learn more about of any of these important 2013 topics.  We can also provide you with NEW 2013 Employment Law Posters.

 Check out our newly updated websites: and