Sunday, April 18, 2010
Employee Handbooks
An employee handbook is the most important communication tool between you and your employees. A well-written handbook sets forth your expectations for your employees, and describes what they can expect from your company. An employee handbook should describe your legal obligations as an employer, and you employee’s rights.
Easy Way to Create an Employee Handbook
This basic Employee Handbook Template can be customized using your company’s specific policies. Using this free template can help save a lot of time so you do not have to create a handbook from scratch.
What Should an Employee Handbook Include?
The most effective employee handbooks cover the following topics. If you use the Employee Handbook Template to create your handbook, sample text for these sections will be provided.
Links to guides discussing your legal obligations as an employer are provided below as a reference.
Non-Disclosure Agreements and Conflict of Interest Statements
While not legal requirements, having employees sign NDAs and conflict of interest statements helps to protect your trade secrets and company proprietary information.
Anti-Discrimination Policies
As an employer you must comply with the equal employment opportunity laws prohibiting discrimination and harassment, including the Americans with Disabilities Act. Your employee handbook should include a section about these laws, and how your employees are expected to comply with them.
The Discrimination and Harassment guide provides information on your legal requirements as an employer.
Compensation
Clearly explain to your employees that your company will make necessary deductions for federal and state taxes, as well as voluntary deductions for the company’s benefits programs. In addition, you should include your company’s legal obligations regarding overtime pay. You should also include information on pay schedules, performance reviews and salary increases, timekeeping, breaks, and bonus compensation.
The following resources provides information on your legal requirements as an employer:
Wage and Hour Laws
Employment Tax Guide
Workers' Compensation
Work Schedules
Describe your company’s policy regarding work hours and schedules, including attendance, punctuality, and reporting absences. Also include your company’s policy for flexible schedules and telecommuting.
Standards of Conduct
From dress codes to workplace violence, make sure you have thought out your expectations of how you want employees to conduct themselves in your workplace. In addition, it’s important to remind your employees of their legal obligations, especially if your business is engaged in a regulated activity (e.g., your company’s legal obligations to protect customer data or to avoid insider-trading activity).
General Employment Information
Your employee handbook should include an a overview of your business and general employment policies covering employment eligibility, job classifications, employee referrals, employee records, job postings, probationary periods, termination and resignation procedures, transfers and relocation, and union information, if applicable.
The following resources provides information on your legal requirements as an employer:
Employment Law Resources
Forms for Employers
Immigration and Employee Eligibility
Pre-Employment Background Checks
Severance Pay and Final Paycheck
Unions
Safety and Security
This section should describe your company’s policy for creating a safe and secure workplace, including compliance with OSHA laws that require employees to report all accidents, injuries, potential safety hazards, safety suggestions and health and safety related issues to management.
Safety policies should also include your company’s policy regarding bad weather and hazardous community conditions.
Finally, your security policy should include your commitment to creating a secure work environment, and your employee’s responsibility for abiding by all physical and information security policies, such as locking file cabinets or computers when they aren’t in use.
The Workplace Safety and Health guide provides information on your legal requirements as an employer.
Computers and Technology
Computers and communication technology are essential tools for conducting business. However employee misuse can have serious consequences for your company. Your employee handbook should include policies for appropriate computer and software use, and steps employees should take to secure electronic information, especially any personal identifiable information you collect from your customers.
The Privacy and Security guide provides information on your legal requirements as a business owner.
Media Relations
It’s a good business practice to have a single point of contact for all media inquiries, such as yourself or a public relations professional. You don't want your employees to bring unwanted attention to your company by speaking about your business in ways that could easily be misrepresented in the media. Your employee handbook should include a section that discusses how you employees should handle calls from reporters or other media inquiries.
Employee Benefits
Your company’s handbook should detail all benefit programs and eligibility requirements, including all benefits that may be required by law such as disability insurance, worker’s compensation, and COBRA.
The employee benefits section should also detail your plans for health insurance options, retirement, employee assistance, tuition reimbursement, business travel, and any other fringe benefits your business provides to attract and retain employees.
The Employee Benefits guide provides information on your legal requirements as an employer.
Hiring (Reference Checking)
Do you know who you are hiring?
Don't forget the reference checks!
You?re finished interviewing and are ready to make an offer to a seemingly outstanding applicant. Should you check references, or will that just slow down the process? After all, most employers will only verify dates of employment, right?
Little could be farther from the truth! Checking references before making an offer can actually save time, money, effort, and a lot of embarrassment. Consider Notre Dame?s hiring of George O?Leary, who resigned after it was discovered that he had lied about having a master?s degree in education and playing college football for three years.
If you provide the previous employer with a signed Reference Check Release Form from the applicant, you may be pleasantly surprised how candid past employers may be in providing useful information. It is important to keep in mind that since all applicants must be treated fairly, you will need to conduct reference checks on all strong external and internal applicants you are considering for the position.
Employment experts estimate that 30 percent of all resumes contain false or exaggerated information. Most often, dates are expanded to cover gaps in employment, which may be covering up something more serious than just unemployment. Education is another area that candidates may exaggerate or falsify. If your position requires a specific educational background, you should verify the applicant?s education before you make an offer.
Tips for effectively checking references:
Once you have selected your final candidates, ask each to contact his or her current or previous supervisor(s) to request that the supervisor(s) provide a reference.
Have candidates sign a Reference Check Release Form. Previous employers may require applicant approval before releasing information.
Ask the reference provider if he or she has time to talk or if the provider would like to schedule a specific time to conduct the reference. This gives the person time to move to a private office, if necessary.
Reassure the provider that what he or she says will not dictate whether you hire the individual.
Don?t begin the call by asking ?filler questions? about dates of employment and the last title the candidate held. Save those for the very end. Instead, start by asking open-ended questions such as, ?What duties did Pat perform?? This gets the provider talking. Consider using the Reference Check Questions sheet.
Ask the provider about the candidate?s strengths and weaknesses.
Describe your vacant position and ask the provider how he or she feels the candidate would fit into the position.
Avoid discussing personal characteristics.
Disregard information about which the provider has no first-hand knowledge or that is unrelated to the applicant?s skills, performance, or qualifications.
ALWAYS check more than one reference.
Listen carefully to the reference provider?s tone.
If a previous employer is unwilling to volunteer information, try asking the employer to rate the candidate on a scale of one to ten with respect to certain qualities. For example, ?On a scale of one to ten, how would you rate the employee?s attendance?? Many employers are more willing to respond with this approach. Another approach is to simply ask the employer if he or she would re-hire the individual.
Letters of recommendation
Accepting letters of recommendation without following up on them can be a mistake. Make a phone call to the person who wrote the letter. Ask the same questions you ask of other references, even if the information was provided in the letter. Verify that the person providing the recommendation actually supervised the applicant. In some cases, you may find that the supervisor didn?t even write the letter.
Negligent hiring
Failing to conduct reference checks or to use reasonable care in the employment selection process may lead to a negligent hiring claim. Courts have ruled that companies have a general duty to check criminal records on prospective employees who interface with the public or who could have an opportunity to commit a violent crime in the course of their employment. In addition, damages against employers are being awarded when the employer has been found to be negligent and has failed to perform a reasonable search into an employee?s background prior to hiring. The following case study was cited on the www.hrhero.com website.
A plumbing company in Kansas City hired Wesley Purkey as a repairman, gave him a van, and sent him to a customer?s home. In his application for employment, Purkey denied that he had been convicted of a crime or served time in prison. The company did not verify his references or perform a criminal background check.
The company did not know that Purkey had spent 25 years in prison for violent felonies, including aggravated robbery, burglary, assault, and kidnapping. After being paroled, he worked at six or seven different construction jobs, each for a short time. At least some of his previous employers and references were aware of his criminal background.
Mary Ruth Bales, an 80-year-old widow, called the plumbing company and requested repairs to her kitchen sink, and the company sent Purkey to her home. He collected $90 from Bales to buy plumbing parts and left, using the money to buy crack cocaine. He later returned to Bales? home, robbed her, and beat her to death with a claw hammer.
Bales? family sued the plumbing company, claiming it violated a duty to evaluate Purkey?s safety and fitness for employment before sending him into customers? homes. The claim was settled for $500,000.
This, of course, is an extreme case of negligent hiring, but it does help stress the importance of reference checks. More than likely, failing to check references will not result in murder, but picking up the phone to talk to a few references seems like cheap insurance.
- Stephanie Orem and Barb Doppelfeld,
Employment Recruiters
Don't forget the reference checks!
You?re finished interviewing and are ready to make an offer to a seemingly outstanding applicant. Should you check references, or will that just slow down the process? After all, most employers will only verify dates of employment, right?
Little could be farther from the truth! Checking references before making an offer can actually save time, money, effort, and a lot of embarrassment. Consider Notre Dame?s hiring of George O?Leary, who resigned after it was discovered that he had lied about having a master?s degree in education and playing college football for three years.
If you provide the previous employer with a signed Reference Check Release Form from the applicant, you may be pleasantly surprised how candid past employers may be in providing useful information. It is important to keep in mind that since all applicants must be treated fairly, you will need to conduct reference checks on all strong external and internal applicants you are considering for the position.
Employment experts estimate that 30 percent of all resumes contain false or exaggerated information. Most often, dates are expanded to cover gaps in employment, which may be covering up something more serious than just unemployment. Education is another area that candidates may exaggerate or falsify. If your position requires a specific educational background, you should verify the applicant?s education before you make an offer.
Tips for effectively checking references:
Once you have selected your final candidates, ask each to contact his or her current or previous supervisor(s) to request that the supervisor(s) provide a reference.
Have candidates sign a Reference Check Release Form. Previous employers may require applicant approval before releasing information.
Ask the reference provider if he or she has time to talk or if the provider would like to schedule a specific time to conduct the reference. This gives the person time to move to a private office, if necessary.
Reassure the provider that what he or she says will not dictate whether you hire the individual.
Don?t begin the call by asking ?filler questions? about dates of employment and the last title the candidate held. Save those for the very end. Instead, start by asking open-ended questions such as, ?What duties did Pat perform?? This gets the provider talking. Consider using the Reference Check Questions sheet.
Ask the provider about the candidate?s strengths and weaknesses.
Describe your vacant position and ask the provider how he or she feels the candidate would fit into the position.
Avoid discussing personal characteristics.
Disregard information about which the provider has no first-hand knowledge or that is unrelated to the applicant?s skills, performance, or qualifications.
ALWAYS check more than one reference.
Listen carefully to the reference provider?s tone.
If a previous employer is unwilling to volunteer information, try asking the employer to rate the candidate on a scale of one to ten with respect to certain qualities. For example, ?On a scale of one to ten, how would you rate the employee?s attendance?? Many employers are more willing to respond with this approach. Another approach is to simply ask the employer if he or she would re-hire the individual.
Letters of recommendation
Accepting letters of recommendation without following up on them can be a mistake. Make a phone call to the person who wrote the letter. Ask the same questions you ask of other references, even if the information was provided in the letter. Verify that the person providing the recommendation actually supervised the applicant. In some cases, you may find that the supervisor didn?t even write the letter.
Negligent hiring
Failing to conduct reference checks or to use reasonable care in the employment selection process may lead to a negligent hiring claim. Courts have ruled that companies have a general duty to check criminal records on prospective employees who interface with the public or who could have an opportunity to commit a violent crime in the course of their employment. In addition, damages against employers are being awarded when the employer has been found to be negligent and has failed to perform a reasonable search into an employee?s background prior to hiring. The following case study was cited on the www.hrhero.com website.
A plumbing company in Kansas City hired Wesley Purkey as a repairman, gave him a van, and sent him to a customer?s home. In his application for employment, Purkey denied that he had been convicted of a crime or served time in prison. The company did not verify his references or perform a criminal background check.
The company did not know that Purkey had spent 25 years in prison for violent felonies, including aggravated robbery, burglary, assault, and kidnapping. After being paroled, he worked at six or seven different construction jobs, each for a short time. At least some of his previous employers and references were aware of his criminal background.
Mary Ruth Bales, an 80-year-old widow, called the plumbing company and requested repairs to her kitchen sink, and the company sent Purkey to her home. He collected $90 from Bales to buy plumbing parts and left, using the money to buy crack cocaine. He later returned to Bales? home, robbed her, and beat her to death with a claw hammer.
Bales? family sued the plumbing company, claiming it violated a duty to evaluate Purkey?s safety and fitness for employment before sending him into customers? homes. The claim was settled for $500,000.
This, of course, is an extreme case of negligent hiring, but it does help stress the importance of reference checks. More than likely, failing to check references will not result in murder, but picking up the phone to talk to a few references seems like cheap insurance.
- Stephanie Orem and Barb Doppelfeld,
Employment Recruiters
Saturday, April 17, 2010
Hiring (Budget Verification Policy)
For all positions the salary and fringe benefit funding must be available for the entire fiscal year and on a permanent basis.
Positions will not be posted or advertised until the required funding has been verified.
Hiring (CVS and Job Application)
CVs and Job Applications
The Successful Application Letter
Your CV should be accompanied by a letter of application, and these two items form a package. The letter has a number of purposes:
- It allows you to sell yourself by pointing out key features of your CV.
- It gives you the opportunity to include material that is not in the CV, especially personal qualities that you listed when making your preparations.
- It shows a prospective employer that you know how to write a letter. While this may be of decreasing importance in an electronic age, many employers still value it highly, both as a skill in its own right and as a test of your ability to communicate clearly and effectively.
What should go in it?
The letter of application should follow the general guidelines for all business letters. It should have an introduction, a body, and a conclusion.The introduction: In the introduction you should detail the job you are applying for, and, if relevant, the circumstances that have led to this (for example an advertisement, or the recommendation of an agency).
The body: The body of the letter provides you with an opportunity to present yourself to the employer:
- Tell the reader about your present job and why you are looking to move on.
- Explain why you are suitable for this job
- Emphasize the skills you have which make you particularly suitable for the job
- List briefly the personal qualities you would bring to it
- Answer any specific questions posed by the advert or job details
hy paragraphs are much more effective than two sides of rambling prose.The conclusion: The conclusion should round the letter off, leaving the reader with a positive image. It should sum up briefly the selling points made in the body of the letter, mention any items (including the CV) you are enclosing, and express willingness to provide any further information that the reader may want.
Hiring (Non-Discrimination Act)
Employment Non-Discrimination Act
S. 1584/H.R. 3017The Problem
Qualified, hardworking Americans are denied job opportunities, fired or otherwise discriminated against just because they are lesbian, gay, bisexual or transgender (LGBT). There is no federal law that consistently protects LGBT individuals from employment discrimination; it remains legal in 29 states to discriminate based on sexual orientation, and in 38 states to do so based on gender identity or expression. As a result, LGBT people face serious discrimination in employment, including being fired, being denied a promotion and experiencing harassment on the job.
What is the Employment Non-Discrimination Act?
The Employment Non-Discrimination Act (ENDA) would provide basic protections against workplace discrimination on the basis of sexual orientation or gender identity. ENDA simply affords to all Americans basic employment protection from discrimination based on irrational prejudice. The bill is closely modeled on existing civil rights laws, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. The bill explicitly prohibits preferential treatment and quotas and does not permit disparate impact suits. In addition, it exempts small businesses, religious organizations and the military, and does not require that domestic partner benefits be provided to the same-sex partners of employees.
What ENDA Does- Extends federal employment discrimination protections currently provided based on race, religion, sex, national origin, age and disability to sexual orientation and gender identity
- Prohibits public and private employers, employment agencies and labor unions from using an individual's sexual orientation or gender identity as the basis for employment decisions, such as hiring, firing, promotion or compensation
- Provides for the same procedures, and similar, but somewhat more limited, remedies as are permitted under Title VII and the Americans with Disabilities Act
- Applies to Congress and the federal government, as well as employees of state and local governments
- Cover businesses with fewer than 15 employees
- Apply to religious organizations
- Apply to the uniformed members of the armed forces (the bill doesn't affect the "Don't Ask, Don't Tell" policy)
- Allow for quotas or preferential treatment based on sexual orientation or gender identity
- Allow a "disparate impact" claim similar to the one available under Title VII of the Civil Rights Act of 1964. Therefore, an employer is not required to justify a neutral practice that may have a statistically disparate impact on individuals because of their sexual orientation or gender identity
- Allow the imposition of affirmative action for a violation of ENDA
- Allow the Equal Employment Opportunity Commission to collect statistics on sexual orientation or gender identity or compel employers to collect such statistics.
- Apply retroactively
States' Experience and Corporate Support
Twenty-one states and the District of Columbia have passed laws prohibiting employment discrimination based on sexual orientation, and 12 states and D.C. also prohibit discrimination based on gender identity. While these laws provide important protections, according to a 2002 General Accounting Office (GAO) report, relatively few complaints of discrimination based on sexual orientation have been filed in these states.
Hundreds of companies have enacted policies protecting their lesbian, gay, bisexual and transgender employees. As of September 2009, 434 (87%) of the Fortune 500 companies had implemented non-discrimination policies that include sexual orientation, and 207 (41%) had policies that include gender identity.
What is the Current Status of the Bill?
ENDA was introduced in the 111th Congress by Representatives Barney Frank (D-MA) and Ileana Ros-
Lehtinen (R-FL) in the House. The bill was introduced in the Senate by Senators Jeff Merkley (D-OR) and Susan Collins (R-ME). On September 23, 2009, the House Education and Labor Committee held a full committee hearing in the House on the legislation. On November 5, 2009, the Senate Committee on Health, Education, Labor and Pensions (HELP) also held a hearing on the bill.
Hiring (Effective Date)
July 30, 2009
Behrooz Abdi
[address]
Carlsbad, CA 92011
Carlsbad, CA 92011
Dear Behrooz:
I am pleased to offer you employment with NetLogic Microsystems, Inc. or one of its subsidiaries (“NetLogic”). This letter sets forth the terms and conditions of your employment with NetLogic or any of its subsidiaries. To be certain that you understand and agree with the terms of this employment offer, please review this letter, which you will need to sign as a condition of employment. If you choose to accept this offer, sign and date this letter and the attached agreements where indicated. This offer is conditioned upon your presenting evidence of your authorization to work in the United States and your identity sufficient to allow NetLogic to complete the Form I-9 required by law. In the event your employment needs visa sponsorship, your employment is contingent upon you receiving the appropriate visa petitions through the appropriate United States immigration authorities.
Please be advised that this offer of employment is contingent upon the following, and shall have no force or effect unless the following are satisfied: (i) the successful closing of the transactions (the “NetLogic-RMI Transactions”) contemplated by the Agreement and Plan of Merger Reorganization between NetLogic Microsystems, Inc. and RMI Corporation (the “Merger Agreement”), (ii) your continued employment with RMI Corporation through the close of the NetLogic-RMI Transactions, and (iii) your commencement of employment with NetLogic immediately following the close of the NetLogic-RMI Transactions.
Position: Your position will be Executive Vice President and General Manager initially reporting to Ron Jankov. Your primary responsibilities will be those normally associated with the position of Executive Vice President and General Manager, as well as such other duties as may be assigned to you from time to time. This is a full-time position and NetLogic expects and requires that you will perform your assigned duties to the best of your ability and faithfully observe your obligations to NetLogic. From time to time, NetLogic may impose additional or more specific work rules for you. You acknowledge and agree that your employment with NetLogic will be subject to all of its written employment policies and procedures as in effect from time to time during the course of your employment, including, but not limited to, those in NetLogic’s Employee Handbook, NetLogic’s Code of Business Conduct and Ethics, and NetLogic’s Insider Trading and Confidentiality Policy Statement. By accepting this offer of employment, you represent and agree that as of your first day of employment with NetLogic you will be under no obligation, contractual or otherwise, inconsistent with the obligations you will be assuming to NetLogic and will re-affirm such representation and agreement at that time.
Start Date: Your first day of employment will be the date of closing of the NetLogic-RMI Transactions, unless you and your hiring manager later agree in writing to a different start date.
Base Salary: Your annual base salary will be $350,000. Your base salary will be reviewed from time to time by NetLogic to determine whether, in NetLogic’s judgment, your base salary should be changed. Your base salary will be paid in accordance with NetLogic’s normal payroll procedures and will be subject to applicable withholding required by law.
Bonus Program: Starting in calendar year 2010, you will be eligible to participate in NetLogic’s Incentive Bonus Plan, subject to the terms and conditions thereof. During 2010, you will be eligible to receive a target cash bonus of up to Seventy One Percent (71%) of your 2010 annual base salary, subject to a performance review and NetLogic achieving its financial and other goals.
Existing Stock Options: You hereby acknowledge and agree that pursuant to the terms of RMI Corporation’s 2002 Stock Incentive Plan (the “Plan”) and the Merger Agreement, all of your unexercised options to purchase shares of the Common Stock of RMI Corporation issued pursuant to the Plan that you have not exercised prior to the closing of the NetLogic-RMI Transactions, and in accordance with the exercise instructions to be provided by RMI, will automatically terminate effective as of the closing date of the NetLogic-RMI Transactions and shall have no future value.
NetLogic Stock Options: Within 60 days after the Closing Date, subject to approval and due authorization by NetLogic’s Board of Directors, you will receive an option (the “Stock Option”) to purchase a number of shares of NetLogic’s Common Stock determined by dividing $9,900,000 by the Applicable Closing Price (as defined in the Merger Agreement(1)). The Stock Option shall vest with respect to one-fifth of the shares subject to the Stock Option on the first anniversary of your first day of employment with NetLogic, and with respect to one forty-eighth of the remaining shares subject to the Stock Option each calendar month thereafter, subject to your continuous employment status with NetLogic and will be subject to all standard terms and conditions of NetLogic’s new employee inducement option grant agreement, except as modified by the express terms of this letter agreement. The exercise price for the Stock Option will be the closing price for NetLogic’s Common Stock on the grant date as reported on the applicable market of the NASDAQ Global Market on which the Common Stock is listed.
First Restricted Stock Unit Award. Within 60 days after the Closing Date, subject to approval and due authorization by NetLogic’s Board of Directors you will receive a first number of restricted stock units determined by dividing $3,300,000 by the Applicable Closing Price (the “First RSUs”). Each First RSU will represent the future right to acquire one share of NetLogic Common Stock, and shall vest with respect to one-sixth of the shares subject to the First RSUs on the 18-month anniversary of the Closing Date, and with respect to one-fifth of the remaining shares subject to the First RSUs each six months thereafter, subject to your continuous employment status with NetLogic and all standard terms and conditions of NetLogic’s new employee inducement awards of restricted stock units, except as modified by the express terms of this letter agreement.
Second Restricted Stock Unit Award. Within 60 days after the Closing Date, subject to approval and due authorization by NetLogic’s Board of Directors you will receive a second number of restricted stock units determined by dividing $2,400,000 by the Applicable Closing Price (the “Second RSUs”). Each Second RSU will represent the future right to acquire one share of NetLogic’s Common Stock, will vest as to 50% of the total number of shares subject thereto six-months after your first day of employment with NetLogic, and as to the remainder of such shares on the first anniversary of your first day of employment with NetLogic, subject to your continuous employment status with NetLogic, and will be subject to all standard terms and conditions of NetLogic’s new employee inducement awards of restricted stock units, except as modified by the express terms of this letter agreement.
NOTE: If you are a “disqualified individual” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”), no payment or grants of your Stock Option and/or Restricted Stock Units shall be required or made to the extent that such payments and grants, when aggregated with any other relevant payments or benefits received or to be received by you (including but not limited to any amount you receive in the RMI-NetLogic transaction in respect of RMI common stock or options to purchase RMI common stock that you may hold), would constitute a “parachute payment” within the meaning of Section 280G of the Code. RMI anticipates submitting the payments that may constitute “parachute payments” to its shareholders for their approval at or prior to the RMI-NetLogic transaction; however, if such approval is obtained and otherwise satisfies the applicable requirements of Section 280G(b)(5)(B) of the Code, no part of such payments to you will be limited by this paragraph. All determinations required by this paragraph will be made by NetLogic, whose determination will be final and binding absent manifest error.
Change of Control: The Stock Option and RSU agreements referred to above will include the following additional provision:
In the event of a Change of Control occurring prior to the termination of your Continuous Service Status (as such terms are defined in the NetLogic Microsystems, Inc. 2004 Equity Incentive Plan (the “Plan”)), in which the outstanding Stock Options, First RSUs and Second RSUs (collectively, the “Equity Awards”) are not assumed by the successor corporation, the vesting of the Equity Awards shall be accelerated by 24 months (measured from the date of the Change of Control) such that all shares that would have become vested during the 24-month period subsequent to the date of the Change of Control (assuming the your Continuous Service Status) but for such Change of Control will so vest as of the effective date of such Change of Control. In addition, following a Change of Control, in which the Equity Awards have been assumed by the successor corporation in such Change of Control as of the date thereof, in the event of your Involuntary Termination of employment within 24 months after the effective date of the Change of Control the vesting of the assumed Equity Awards shall be accelerated such that all Equity Awards that would have become vested during such 24-month period but for the Change of Control and Involuntary Termination (assuming your Continuous Service Status) will so vest as of the effective date of such Termination. For purposes of this Agreement, an “Involuntary Termination” is one that occurs by
reason of your dismissal for any reason other than Misconduct or your voluntary resignation following: (i) a change in position you accepted with NetLogic or its subsidiary that materially reduces your level of responsibility, (ii) a material reduction your base salary, or (iii) your relocation by more than 50 miles from the principal office where your employment is located at the commencement of employment with NetLogic; provided that (ii) and (iii) will apply only if you has not consented to the change or relocation. “Misconduct” shall mean the commission of any act of fraud or embezzlement by you, (ii) any intentional unauthorized use or disclosure by you of confidential information or trade secrets of NetLogic (or any subsidiary of NetLogic), or (iii) any act of dishonest or other intentional misconduct by you adversely affecting the business affairs of NetLogic (or any parent or subsidiary of NetLogic) in a material manner. The foregoing definition shall not be deemed to be inclusive of all the acts or omissions which NetLogic (or any parent or subsidiary of NetLogic) may consider as grounds for the dismissal or discharge of your employment with NetLogic (or any parent or subsidiary of NetLogic).
Separation Package: If your employment with NetLogic is Involuntarily Terminated not in connection with a Change of Control, NetLogic will provide you with the following separation package: (i) one year of salary, (ii) monthly payments of COBRA health care premiums (wherein, the sum of (i) and (ii) shall not exceed $400,000), and (iii) the vesting of the Equity Awards shall be accelerated by 24 months (measured from the date of the Involuntary Termination) such that all shares subject to the Equity Awards that would have become vested during the 24-month period subsequent to the date of the Involuntary Termination (assuming the your Continuous Service Status) but for such Involuntary Termination, will so vest as of the effective date of such Involuntary Termination. In order to receive either separation package described in this section, you will need to execute a Separation Agreement and General Release (“Agreement”) and comply with the terms of the Agreement, including that you will: (a) release and forever discharge NetLogic, and any successor corporation, from any and all claims, rights, demands, actions, obligations, liability and causes of action, whether asserted or whatsoever, known or unknown, which you have or had against NetLogic, and any successor corporation, from the beginning of time until the date of execution of this Agreement (collectively referred to as “Claims”); and (b) release, acquit and forever discharge NetLogic, and any successor corporation, from and against any Claims arising from or in any way connected with or relating to: (i) your employment with NetLogic, and any successor corporation, or the termination of your employment with NetLogic, and any successor corporation,, (ii) claims arising under any state or federal statute regarding employment discrimination or termination, including but not limited to Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the California Labor Code, the Worker Adjustment and Retraining Notification Act (WARN), and the Americans with Disabilities Act, (iii) claims for wrongful discharge, unjust dismissal, or constructive discharge, (iv) claims for breach of any alleged oral, written or implied contract of employment, (v) claims for salary or severance payments other than those set forth in the Agreement, (vi) claims for employment benefits, except as set forth in the Agreement; (vii) claims for attorneys’ fees, costs, and damages of all types, and (viii) any other claims under federal, state or local statute, law, rule or regulation.
Conflicting Activities: While employed by NetLogic you may not work as an employee or consultant of any other organization or engage in any other activities which conflict or interfere with your obligations to NetLogic, without the express prior written approval of NetLogic’s CEO. We believe that employment with NetLogic requires a full-time commitment. Employment with any competing entity, or for yourself in competition with NetLogic, is not permitted. If you want to take an outside job, you should discuss the outside opportunity with your manager in advance so that we can determine if any actual or potential conflict of interest exists.
At-Will Employment: Your employment with NetLogic is for no specified duration and is at the will of both you and NetLogic, which means that either you or NetLogic may end the employment relationship at any time for any reason, with or without notice. Nothing in this provision or the provisions in the Stock Option or RSU agreements will alter the at-will nature of your employment, or limit in any way the acts or omissions that NetLogic may consider as grounds for termination of your employment. The at-will nature of your employment may not be altered by any policy, practice, or representation of NetLogic, but only by a written agreement expressly modifying or waiving it, signed both by you and NetLogic’s CEO.
Reimbursements: You will be entitled to reimbursement on a regular basis for reasonable, necessary and properly documented business and travel expenses incurred for the purpose of conducting NetLogic’s business, in accordance with NetLogic’s policy and applicable law.
Benefits: You will be eligible to participate in any employee benefit plans or programs maintained or established by NetLogic to the same extent as other employees at your level within NetLogic, subject to the generally applicable terms and conditions of the plan or program in question and the determination of any committee administering such plan or program.
Confidential Information and Inventions: Your employment is conditioned upon your execution, return of and adherence to NetLogic’s standard Proprietary Information and Inventions Agreement, a copy of which is attached as Exhibit A.
RELEASE. IN EXCHANGE FOR THE NETLOGIC STOCK OPTIONS, RESTRICTED STOCK UNITS AND OTHER BENEFITS AND RIGHTS GRANTED TO YOU HEREUNDER, YOU HEREBY UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE RMI CORPORATION AND EACH OF ITS SUBSIDIARIES (COLLECTIVELY “RMI”), NETLOGIC AND ANY OTHER SUBSIDIARY OF NETLOGIC, INCLUDING THEIR RESPECTIVE OFFICERS AND DIRECTORS, FROM (I) ANY AND ALL OBLIGATIONS OR DUTIES RMI MAY HAVE TO YOU WITH RESPECT TO THE UNEXERCISED RMI CORPORATION OPTIONS AND (II) ANY AND ALL CLAIMS OF LIABILITY, WHETHER LEGAL OR EQUITABLE, OF EVERY KIND AND NATURE, WHICH YOU EVER HAD, NOW HAVE OR MAY CLAIM AGAINST RMI, IN EACH CASE ARISING OUT OF FACTS OR CIRCUMSTANCES OCCURRING AT ANY TIME ON OR PRIOR TO THE CLOSING DATE OF THE MERGER AND WHICH RELATE TO RMI; PROVIDED, HOWEVER, THAT SUCH RELEASE SHALL EXCLUDE THOSE CLAIMS, LIABILITIES, OBLIGATIONS AND DUTIES OF RMI OR NETLOGIC (COLLECTIVELY, “CLAIMS”) UNDER THIS LETTER AND SHALL EXCLUDE, TO THE EXTENT APPLICABLE, (I) COMPENSATION NOT YET PAID (INCLUDING ANY AMOUNTS PAYABLE TO YOU OR SHARES, RSUS OR OPTIONS TO BE DELIVERED PURSUANT TO THIS LETTER OR THE MERGER AGREEMENT), (II) REIMBURSEMENT FOR
EXPENSES INCURRED BY YOU IN THE ORDINARY COURSE OF YOUR EMPLOYMENT WHICH ARE REIMBURSABLE UNDER RMI’S EXPENSE REIMBURSEMENT POLICIES, (III) ACCRUED PTO AND VACATION, SUBJECT TO THE RMI CORPORATION’S POLICIES ON ACCRUAL AND CARRYFORWARD, (IV) ANY INDEMNIFICATION OBLIGATIONS OF RMI OR NETLOGIC TO INDEMNIFY CERTAIN OFFICERS AND DIRECTORS, AND (V) ANY OTHER CLAIMS AS TO WHICH APPLICABLE CALIFORNIA AND U.S. FEDERAL EXPRESSLY PROHIBITS RMI OR NETLOGIC FROM OBTAINING THIS RELEASE. FOR PURPOSES OF THIS SECTION, YOU HEREBY EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE WHICH READS AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Third Party Information: You agree that you will not, during your employment with NetLogic, improperly use or disclose any proprietary information or trade secrets of any former or concurrent employer or other person or entity and that you will not bring onto the premises of NetLogic any unpublished document or proprietary information belonging to any such employer, person or entity unless consented to in writing by such employer, person or entity.
Arbitration: All disputes concerning this offer letter agreement shall be governed by and interpreted in accordance with the laws of the State of California, without reference to conflicts of law provisions or principles. You and NetLogic agree to submit any matter in dispute under this offer letter agreement to JAMS (“the Association”) for final and binding arbitration conducted in Santa Clara County, California, and conducted in accordance with the rules of the Association.
Miscellaneous: This agreement, together with the attached Proprietary Information and Inventions Agreement and all other agreements and items expressly referenced herein, are the sole and entire agreement between you and NetLogic with respect to the subject of your employment and supersedes all prior or contemporaneous agreements or negotiations on that subject. This agreement may not be modified except in a writing signed by the CEO of NetLogic and you. The unenforceability of any provision of this letter agreement will not affect the validity or enforceability of any other provision of the agreement. This letter agreement may be executed in two or more counterparts, which together will constitute the entire agreement.
Sincerely,
/s/ RON JANKOV
Ronald S. Jankov
President and CEO
I have reviewed and understand the terms and conditions set forth in this letter and agree to them.
Read more: http://www.faqs.org/sec-filings/100226/NETLOGIC-MICROSYSTEMS-INC_10-K/nex1022.htm#ixzz0lMtx1sGq
Hiring(Objective)Hiring
Why Hiring is Like Picking Stocks
Far too many people believe that employment and good wages are a right rather than a benefit in a logical society.
I am sorry if your fax repair business has hit the skids, but really, don’t stay open on my account.
[See the best careers for 2010.]
Notwithstanding all the doom-and-gloomers out there, let me go out on a limb for most American businesses and say the following: “We have jobs available but we do not advertise them.”
There is not a company I know of which, if you could prove to them that you would make them better and more profitable, wouldn’t hire you.
The proving part is the trick. Companies are begging for people to prove their worth.
[See how to turn a job application into an interview.]
Granted, you may not see that when you randomly send off your resume to the HR Black Hole. So, if that process is not working for you, try something different. As my grandfather used to tell me, “There’s always another way around the barn.”
For you near-graduates, think of your career as if you were a stock. People buy stocks all day long based on their view of the market and whether the prospects for that particular company will be better in the future. In other words, Apple shares are trading higher this year because investors are betting that the future for Apple is brighter even than the present day.
[See how job seekers spend their time.]
If you were a stock, would your future be brighter? Examining what you have done in your past--performance-wise, experience-wise, achievement-wise--would it appear to me that you are a good buy, a sell, or a hold?
If you can prove to me that you are a great buy, I will buy you. If you can’t, I won’t.
G. L. Hoffman is a serial entrepreneur and venture investor/operator/incubator/mentor. Two of his companies have traveled the entire success path from the garage to IPO. Currently, he is chairman of JobDig, which operates LinkUp, one of the fastest-growing job search engines. His blog can be found at WhatWouldDadSay.com.
University recruiting tips for the year 2000.
Section: TECHNOLOGY NEWS
When recruiting high-tech candidates at the campus level, many companies have a narrow focus, according to Mike Iserson, president of NC3, the National Corporate College Consultants based in Connecticut.
Iserson, who designs and implements recruiting programs for corporations, advises companies on the best ways to achieve hiring objectives in the new millennium:
Seek out other universities with developmental programs. The tendency has been to focus on a select few schools, but the competition is increasing.
Focus on more than high-tech skills. Corporate mentality has always been to hire those who can hit the ground running. Incorporate training programs for people who don't bring the entire skill set to the company. Interpersonal skills are almost more important than the tech side of it. If they can understand the system, how it fits into business processes and communicate it, that's important.
Increase involvement with training and internship programs. Companies need to make a bigger investment. Sponsor programs at the high school level, emphasizing technology as a tool. Iserson says that students play around a lot with computers and the Internet, but they don't know much about how it works. A "How to build Website" program might really spark some interest.
Build the right relationships. Companies spend a lot of time developing relationships with school personnel and faculty. The audience of importance, though, is the kids.
When recruiting high-tech candidates at the campus level, many companies have a narrow focus, according to Mike Iserson, president of NC3, the National Corporate College Consultants based in Connecticut.
Iserson, who designs and implements recruiting programs for corporations, advises companies on the best ways to achieve hiring objectives in the new millennium:
Seek out other universities with developmental programs. The tendency has been to focus on a select few schools, but the competition is increasing.
Focus on more than high-tech skills. Corporate mentality has always been to hire those who can hit the ground running. Incorporate training programs for people who don't bring the entire skill set to the company. Interpersonal skills are almost more important than the tech side of it. If they can understand the system, how it fits into business processes and communicate it, that's important.
Increase involvement with training and internship programs. Companies need to make a bigger investment. Sponsor programs at the high school level, emphasizing technology as a tool. Iserson says that students play around a lot with computers and the Internet, but they don't know much about how it works. A "How to build Website" program might really spark some interest.
Build the right relationships. Companies spend a lot of time developing relationships with school personnel and faculty. The audience of importance, though, is the kids.
Wednesday, April 14, 2010
Hiring Strategies
HEALTHCARE REGISTRATION APRIL 2010
PAGE3
Patient Access Excellence:
Hiring Strategies
An occasional series on patient access human resources issues
I t is a given that the health care industry is ripe for
job growth, based on the most recent labor data
from the federal government and based on current
employment surveys. 1 Even absent job growth,
however, patient access tends to have a high degree
of turnover, so hiring new employees is a task that is
consistently in the mix for patient access leaders.
In this article, Michael Friedberg offers guidance
for effective hiring strategies, plans, and processes. The
reason it is essential that patient access directors and
managers develop and hone hiring plans and processes
is that the position of patient access representative
is a highly complex role that pays about the same
as a retail clerk. Thus, it is critical that managers seek
employees who are motivated by challenge more so
than pay. And there are individuals who would prefer
to take a position that pays the same as a retail clerk but
offers more of a challenge. You just have to find them.
Recruitment Strategies
Many patient access managers and directors do not
rely solely on a hospital’s human resources department
to provide them with resumes of good, qualified
candidates. Even under the best circumstances, it is
difficult to find the right people with the right skill sets
to fill the position of patient access representative.
Someone once said that “necessity is the mother of
invention,” and hiring staff for positions within patient
access is no exception. Patient access directors often
need to use creative problem-solving skills. We can all
think of examples of workarounds created to compensate
for an unchangeable characteristic of our information
system. Although this is not the preferred method,
sometimes such workarounds become necessary.
Taking a workaround approach in hiring, however,
can be problematic. Yet, finding the right person to
fulfill the role of a patient access representative can
be difficult, and patient access leaders are sometimes
guilty of hiring a candidate who is not optimal for
the position just to fill a void in the department. This
makes everyone’s job more challenging.
To avoid just plugging a hole and instead focus on
hiring right, patient access leaders need strategies to
identify and recruit candidates. Following are some
good strategies for finding the right type of person to
fill a patient access position.
Seek Referrals from Existing Staff
Seeking referrals from existing staff can be a
double-edged sword, depending upon who makes
the referral. Nevertheless, taking this route works out
more often then it blows up.
Most mature and effective staff members would
not consider recommending someone who would
cause them embarrassment. In addition, employees
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APRIL 2010 HEALTHCARE REGISTRATION
PAGE4
currently performing the functions required by a
patient access representative are in a good position to
determine whether a person they might recommend
would be good at the job they perform.
Connect with a Career Center at a Local
College or University
College students are always looking for work—both
full- and part-time—especially if it will give them experience
in a field they intend to enter upon graduation.
Indeed, Friedberg notes that some of his patient
access hires went on to become doctors, nurses, paramedics,
and physical therapists. Some even took time
to tell him that working in patient access gave them
a better appreciation for supporting administrative
staff members.
The downside to hiring college students is that they
most likely will serve as part of the department for a
limited amount of time, usually a maximum of four
years. If, however, you are able to find a few reliable,
efficient, and hard-working students as staff members
who may need to be replaced every few years with
other job-seeking college students of similar caliber,
the tradeoff is worth the effort.
Prior Health Care Experience Is Not
Required
Everyone has to start somewhere, and, for most of
us, someone at some point took a chance and hired us
even though we did not have experience. Some of the
most important skill sets for a patient access representative
consist of the ability to perform the same task
over and over, to handle pressure, to understand complex
computer systems, to work as a “people person,”
and to be comfortable around people with medical
issues or problems, including emergency situations
where blood and bodily fluids are present. Other skills
sets—such as computer system competency—can be
taught.
Seek Candidates with Experience in Other
Industries, Especially Service Industries
Friedberg notes a colleague who will pass a business
card to a waiter or waitress who has provided
her with excellent service. In addition, hotel desk
clerks and amusement park employees can make
good patient access employees as they come from a
customer service-focused environment.
Attract Good Employees by Being
a Good Employer
Many hospitals must draw candidates from their
local community, as few individuals are willing to
commute an hour or more to take a job in patient
access if they can work in their own area. If a provider
organization develops a reputation as a good place
to work, however, top-tier potential employees will be
attracted to pursue jobs at such a facility, as these candidates
desire to work for organizations where hard
work is appreciated and rewarded.
Your Department Is Your Best
Advertisement
When patients, visitors, and others enter your
department, are they greeted immediately? What does
the physical appearance of the work area say? Are
desktops messy and disorganized? Is reading material
available for patients while they wait? Are the magazines
current, or are they outdated? People take note
of such details, consciously or otherwise. Remember
that anyone who enters your department—for any
reason—is a potential employee.
Front-End Salary and the Great Debate
One of the great debates in health care management
springs from the question, “What motivates
employees?”
Friedberg believes that what motivates employees
is a combination of factors, including salary, benefits,
work environment, pride in work, recognition for a
job well done, and advancement opportunities. Yet,
Friedberg is baffled by health care providers who do
not want to be the highest payer in their geographic
area. If you strive to be the best clinically and have
state-of-the-art equipment, wouldn’t you want the best
staff to use these devices? Even though salary is not
the sole motivator for good employees, lower-level
employees are more motivated by salary than higher
compensated staff. Consider: The difference between
$10 per hour and $12 per hour is 20 percent, while the
difference between $25 per hour and $27 per hour is
8 percent.
Staff is the greatest expense within any health care
facility, and the ability to maintain that cost at current
levels while revenue shrinks is a challenge facing management.
Failure to invest adequately and appropriately
in patient access staff, however, can lead to errors
that add significant cost to the ability of providers to
obtain payment for services provided.
It is frustrating for patient access managers to
watch as resources are added in patient accounting
and medical records but not to patient access. This
trend seems to be turning, as many providers are now
realizing the value of “getting it right up front.”
Job Descriptions
Most managers do not spend a large amount of
time reviewing job descriptions and matching them
HEALTHCARE REGISTRATION APRIL 2010
PAGE5
to the work employees actually perform. There is,
however, no other mechanism to concisely explain
job expectations to a potential employee without this
document.
Some providers are better than others at maintaining
job descriptions that match actual tasks performed.
Others rely on the catch-all phrase “any
other duties as assigned by the supervisor, manager,
or director” in order to ensure that employees need
to respond to their supervisors.
Regardless of which category your organization may
fall into, remember that it is in your best interest—
and in the best interest of future employees—to
clearly explain (to the best of your ability) the job
expectations and the role a future employee will fill
in the department. These expectations should be
clear and outlined early, starting with the interview
process and continuing throughout initial training
and, eventually, during the performance evaluation
process.
Interviewing Candidates
There are several schools of thought on who
should conduct candidate interviews. Some employers
will arrange for interviews with current staff members
as well as members of the management team.
Involving front-line employees in the interview
process can be useful, as candidates often let their
guard down when they are not interviewing with a
manager or a director. For instance, candidates may
inquire of potential future colleagues about time off
policies or how heavy or difficult the workload is,
queries they may withhold during interviews with a
potential supervisor.
There are many interviewing strategies. Some key
interviewing issues to address: create a standard candidate
evaluation form to be used by supervisory and
front-line interviewers, conduct multiple interviews,
and ask the right questions.
Use the Same Candidate Evaluation Form
The live interview is a time for interviewers to
determine whether the person on paper matches the
person in the interview. In addition, interviews present
an opportunity to determine whether a candidate
will fit in with the culture of the department and of
the organization.
All involved in the interviewing process, however,
must use the same candidate evaluation form
so that there is a consistent method for evaluating
potential new hires. This method also allows all of
the interviewers to sit together and discuss potential
candidates knowing that they all used the same methods
and asked the same questions. This technique is
particularly useful when a large number of candidates
will be interviewed for a position, as it allows everyone
to keep track of who they met and how they measure
up, based on the same interviewing criteria.
Conduct Multiple Interviews
Each candidate should have a minimum of two
interviews on two different days. This is an absolute
rule, as the second interview will allow you to determine
whether the candidate can arrive on time and
act appropriately more than once.
Because patient access jobs typically are entry-level
positions, layers and layers of interviews are not necessary.
When there is a need to hire people with specific
knowledge, such as supervisors, insurance verifiers,
and financial counselors, the number of interviews
and interviewers may expand.
Ask the Right Questions
There are any number of questions to ask during
an interview, and following are 15. It is important
to note, however, that a candidate’s response to any
given question should not be considered in a vacuum
but rather in the context of the overall interview.
1. Ask the candidate to give a brief description of
himself or herself. Listen carefully to the answers,
as the first response someone provides to any
question is a good indicator of his or her character
and true feelings.
2. Ask candidates about past positions. Determine
whether their prior experience and skills fit with
the parameters and needs within the department.
3. Ask candidates why they left their last position.
If they state that they were not making enough
money, you know money is their main motivator.
If they state they could not get along with their
supervisor or that their supervisor hated them and
made their life difficult, consider this a potential
red flag, as it may be a sign that someone has trouble
dealing with authority figures. Note: There are no
absolute rules, and supervisors are not always right. A
supervisor could pick on an employee even though he or
she had excellent work performance.
4. Ask candidates some variation of the questions:
• “What are your biggest strengths?”
• “What are your biggest weaknesses?”
APRIL 2010 HEALTHCARE REGISTRATION
PAGE6
If they say their biggest weakness is that they are
easily bored and struggle to do the same task
repeatedly, you know they may not be the right
candidate for the job.
5. Ask candidates to rate their work performance.
Some people ask the candidates to rate their work
performance on a scale of 1 to 10. If candidates
do not give “10” as an answer, ask why. Carefully
consider their answers to these questions. If they
tell you that their work performance is a nine,
they might not rate themselves a 10 because they
feel that they can always improve.
6. Ask candidates to relate a proud customer service
experience in which they were involved as an
employee. If they cannot come up with an example
of how they provided good service, consider
this a potential indicator that they are not providing
top-notch service.
7. Ask about short-term and long-term goals. You
may find that candidates who indicate that they
are looking for a foot in the door so that they
can eventually transfer to another department
may—or may not—meet your needs.
8. Ask candidates some variation of the question:
• “How would you deal with a difficult customer?”
9. If yours is a 24/7/365 department, ask candidates
when they are willing to work. If they are only
available Monday to Friday from 9 a.m. to 5 p.m.
and the position requires that employees rotate
into weekend or evening shifts, this must be
addressed with the candidate. Also, be aware that
many candidates will say that they are willing to
work any shift, any day, any time. This is not always
the case, however, so prepare for them to decline
your offer if they are offered nights.
10. Ask whether the candidate has any special
restrictions. This query is not intended to exclude
candidates, but to determine how special restrictions
can be managed. For example, if a candidate
says he takes care of his sick parents and must be
home to give them medicine every day at 7 a.m.
and so cannot be to work until 9:30 a.m., you know
you will need to be flexible on the start time if the
candidate would be a good addition to your team.
• Further, once employees establish themselves
as reliable, managers must remain flexible.
Daycare arrangements sometimes fall through
at the last minute, employees or employee
family members may get ill, and other life
issues can occur, so making accommodations
for valued employees also must occur from
time to time.
• Friedberg notes that he is an advocate of being
a demanding but compassionate employer,
which has served him and the organizations
where he as worked well. If someone works
hard, Friedberg says, he would want to do
whatever is needed to help an employee. He
notes that he has, on occasions, contributed to
the cost of funerals for employees who could
not afford to bury a loved one, helped battered
women protect themselves from future
abuse, and helped employees obtain psychiatric
help as well as rehabilitation from drug
and alcohol abuse. Such supportive efforts for
dedicated and effective employees are worth
the effort to retain talent.
11. Ask candidates what they expect for a salary. If the
hourly rate is $10 per hour and a candidate will
only accept $15, the interview can be shortened.
Sometimes when you attempt to close an interview
due to the disparity in salary desired and salary
being offered you may learn that $15 is what they
desire but not what they are ultimately willing to
accept.
12. Ask candidates what energizes them in the work
place. The ideal response is one that indicates that
the candidate is energized by the satisfaction of a
job well done or by the ability to help people in
need. As in grade school, if the answer is lunch,
that is a likely indication that the candidate and
the department may not share the same values.
13. Ask what the candidate expects from a manager/
supervisor. This question can also help you understand
whether the candidate struggles with taking
direction.
14. Ask candidates why you should hire them above
all the other candidates. This is another variation
on the question to rate their work performance.
15. Ask candidates if they have any questions. If the
candidate does not ask any questions, consider
that a red flag. If you spend time with a potential
candidate and explain the many, varied, and often
complex requirements of a position in patient
access, this should trigger at least one question or
need for clarification. Notes Friedberg, “I would
rather a candidate ask a question with an obvious
answer than ask no questions at all.”
HEALTHCARE REGISTRATION APRIL 2010
PAGE7
Conduct Initial Competency Exams
After the interview portion is completed, give the
candidate initial competency exams.
The exams should cover, at minimum, the following
topics:
• Computer literacy;
• Standardized typing;
• Customer service; and
• Software specific competencies.
Computer Literacy
A basic understanding of how to use a personal
computer is essential. Although employees can be
trained on more complex computer functions, candidates
should be tested to determine if they can handle
basic PC navigation.
Standardized Typing
Avoid hiring candidates who type fewer than 30
words per minute accurately, as they will struggle to
maintain productivity standards.
Customer Service
In conjunction with answers given during the interview
process, test for candidates’ ability to effectively
manage basic customer service issues.
Software Specific Competencies
Competency exams in this area will depend
upon the systems and skills candidates note on their
applications. If a candidate notes experience with the
system used by your facility, a brief exam on core system
competencies may be worthwhile.
Keep in mind that prospective candidates sometimes
embellish their credentials because they believe
it will help them get the job and that they can figure
out later the skills they promised to deliver. It is better
to discover a talented candidate in all areas but
software-specific skills, as those skills can be taught.
Friedberg notes that it can be a positive if a candidate
lacks experience on your specific system, particularly
if a candidate says, “I have never used XYZ Software,
but I have used similar software, so I am confident
I can quickly learn the ins and outs of the XYZ
Software.” ■
Note
1. “Health Care Offers Greatest Job Growth Through
2018,” Healthcare Registration , March 2010, vol. 19, no. 6,
pp. 8–10.
This article is another in an occasional series on
patient access human resources issues, from initial
hiring and training, through to quality assurance
and retraining. The guidance is excerpted with
permission from “Staff Competency in Patient
Access: Tools, Tests and Tips for Building a
Successful Team,” by Healthcare Registration editorial
advisor Michael S. Friedberg. For more information,
go to www.hcmarketplace.com.
Reeaaddeerr’’ss RReessoouurrccee
Boost Bottom Line, Morale,
Patient Satisfaction
with Gratitude
Cultivating an attitude of gratitude culture
Liz Jazwiec
D oes your organization encourage a culture of
gratitude? Not in an obligatory, “Gee, I really
appreciate my coworkers and the feeling is
mutual!” way? Chances are the answer is no.
According to a recent Gallup poll, 65 percent
of people say they don’t feel appreciated at work.
And that feeling can lead to pervasive negativity, low
morale, and (worst of all) decreased productivity.
Copyright of Health Care Registration: The Newsletter for Health Care Registration Professionals is the
property of Aspen Publishers Inc. and its content may not be copied or emailed to multiple sites or posted to a
listserv without the copyright holder's express written permission. However, users may print, download, or
email articles for individual use.
PAGE3
Patient Access Excellence:
Hiring Strategies
An occasional series on patient access human resources issues
I t is a given that the health care industry is ripe for
job growth, based on the most recent labor data
from the federal government and based on current
employment surveys. 1 Even absent job growth,
however, patient access tends to have a high degree
of turnover, so hiring new employees is a task that is
consistently in the mix for patient access leaders.
In this article, Michael Friedberg offers guidance
for effective hiring strategies, plans, and processes. The
reason it is essential that patient access directors and
managers develop and hone hiring plans and processes
is that the position of patient access representative
is a highly complex role that pays about the same
as a retail clerk. Thus, it is critical that managers seek
employees who are motivated by challenge more so
than pay. And there are individuals who would prefer
to take a position that pays the same as a retail clerk but
offers more of a challenge. You just have to find them.
Recruitment Strategies
Many patient access managers and directors do not
rely solely on a hospital’s human resources department
to provide them with resumes of good, qualified
candidates. Even under the best circumstances, it is
difficult to find the right people with the right skill sets
to fill the position of patient access representative.
Someone once said that “necessity is the mother of
invention,” and hiring staff for positions within patient
access is no exception. Patient access directors often
need to use creative problem-solving skills. We can all
think of examples of workarounds created to compensate
for an unchangeable characteristic of our information
system. Although this is not the preferred method,
sometimes such workarounds become necessary.
Taking a workaround approach in hiring, however,
can be problematic. Yet, finding the right person to
fulfill the role of a patient access representative can
be difficult, and patient access leaders are sometimes
guilty of hiring a candidate who is not optimal for
the position just to fill a void in the department. This
makes everyone’s job more challenging.
To avoid just plugging a hole and instead focus on
hiring right, patient access leaders need strategies to
identify and recruit candidates. Following are some
good strategies for finding the right type of person to
fill a patient access position.
Seek Referrals from Existing Staff
Seeking referrals from existing staff can be a
double-edged sword, depending upon who makes
the referral. Nevertheless, taking this route works out
more often then it blows up.
Most mature and effective staff members would
not consider recommending someone who would
cause them embarrassment. In addition, employees
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APRIL 2010 HEALTHCARE REGISTRATION
PAGE4
currently performing the functions required by a
patient access representative are in a good position to
determine whether a person they might recommend
would be good at the job they perform.
Connect with a Career Center at a Local
College or University
College students are always looking for work—both
full- and part-time—especially if it will give them experience
in a field they intend to enter upon graduation.
Indeed, Friedberg notes that some of his patient
access hires went on to become doctors, nurses, paramedics,
and physical therapists. Some even took time
to tell him that working in patient access gave them
a better appreciation for supporting administrative
staff members.
The downside to hiring college students is that they
most likely will serve as part of the department for a
limited amount of time, usually a maximum of four
years. If, however, you are able to find a few reliable,
efficient, and hard-working students as staff members
who may need to be replaced every few years with
other job-seeking college students of similar caliber,
the tradeoff is worth the effort.
Prior Health Care Experience Is Not
Required
Everyone has to start somewhere, and, for most of
us, someone at some point took a chance and hired us
even though we did not have experience. Some of the
most important skill sets for a patient access representative
consist of the ability to perform the same task
over and over, to handle pressure, to understand complex
computer systems, to work as a “people person,”
and to be comfortable around people with medical
issues or problems, including emergency situations
where blood and bodily fluids are present. Other skills
sets—such as computer system competency—can be
taught.
Seek Candidates with Experience in Other
Industries, Especially Service Industries
Friedberg notes a colleague who will pass a business
card to a waiter or waitress who has provided
her with excellent service. In addition, hotel desk
clerks and amusement park employees can make
good patient access employees as they come from a
customer service-focused environment.
Attract Good Employees by Being
a Good Employer
Many hospitals must draw candidates from their
local community, as few individuals are willing to
commute an hour or more to take a job in patient
access if they can work in their own area. If a provider
organization develops a reputation as a good place
to work, however, top-tier potential employees will be
attracted to pursue jobs at such a facility, as these candidates
desire to work for organizations where hard
work is appreciated and rewarded.
Your Department Is Your Best
Advertisement
When patients, visitors, and others enter your
department, are they greeted immediately? What does
the physical appearance of the work area say? Are
desktops messy and disorganized? Is reading material
available for patients while they wait? Are the magazines
current, or are they outdated? People take note
of such details, consciously or otherwise. Remember
that anyone who enters your department—for any
reason—is a potential employee.
Front-End Salary and the Great Debate
One of the great debates in health care management
springs from the question, “What motivates
employees?”
Friedberg believes that what motivates employees
is a combination of factors, including salary, benefits,
work environment, pride in work, recognition for a
job well done, and advancement opportunities. Yet,
Friedberg is baffled by health care providers who do
not want to be the highest payer in their geographic
area. If you strive to be the best clinically and have
state-of-the-art equipment, wouldn’t you want the best
staff to use these devices? Even though salary is not
the sole motivator for good employees, lower-level
employees are more motivated by salary than higher
compensated staff. Consider: The difference between
$10 per hour and $12 per hour is 20 percent, while the
difference between $25 per hour and $27 per hour is
8 percent.
Staff is the greatest expense within any health care
facility, and the ability to maintain that cost at current
levels while revenue shrinks is a challenge facing management.
Failure to invest adequately and appropriately
in patient access staff, however, can lead to errors
that add significant cost to the ability of providers to
obtain payment for services provided.
It is frustrating for patient access managers to
watch as resources are added in patient accounting
and medical records but not to patient access. This
trend seems to be turning, as many providers are now
realizing the value of “getting it right up front.”
Job Descriptions
Most managers do not spend a large amount of
time reviewing job descriptions and matching them
HEALTHCARE REGISTRATION APRIL 2010
PAGE5
to the work employees actually perform. There is,
however, no other mechanism to concisely explain
job expectations to a potential employee without this
document.
Some providers are better than others at maintaining
job descriptions that match actual tasks performed.
Others rely on the catch-all phrase “any
other duties as assigned by the supervisor, manager,
or director” in order to ensure that employees need
to respond to their supervisors.
Regardless of which category your organization may
fall into, remember that it is in your best interest—
and in the best interest of future employees—to
clearly explain (to the best of your ability) the job
expectations and the role a future employee will fill
in the department. These expectations should be
clear and outlined early, starting with the interview
process and continuing throughout initial training
and, eventually, during the performance evaluation
process.
Interviewing Candidates
There are several schools of thought on who
should conduct candidate interviews. Some employers
will arrange for interviews with current staff members
as well as members of the management team.
Involving front-line employees in the interview
process can be useful, as candidates often let their
guard down when they are not interviewing with a
manager or a director. For instance, candidates may
inquire of potential future colleagues about time off
policies or how heavy or difficult the workload is,
queries they may withhold during interviews with a
potential supervisor.
There are many interviewing strategies. Some key
interviewing issues to address: create a standard candidate
evaluation form to be used by supervisory and
front-line interviewers, conduct multiple interviews,
and ask the right questions.
Use the Same Candidate Evaluation Form
The live interview is a time for interviewers to
determine whether the person on paper matches the
person in the interview. In addition, interviews present
an opportunity to determine whether a candidate
will fit in with the culture of the department and of
the organization.
All involved in the interviewing process, however,
must use the same candidate evaluation form
so that there is a consistent method for evaluating
potential new hires. This method also allows all of
the interviewers to sit together and discuss potential
candidates knowing that they all used the same methods
and asked the same questions. This technique is
particularly useful when a large number of candidates
will be interviewed for a position, as it allows everyone
to keep track of who they met and how they measure
up, based on the same interviewing criteria.
Conduct Multiple Interviews
Each candidate should have a minimum of two
interviews on two different days. This is an absolute
rule, as the second interview will allow you to determine
whether the candidate can arrive on time and
act appropriately more than once.
Because patient access jobs typically are entry-level
positions, layers and layers of interviews are not necessary.
When there is a need to hire people with specific
knowledge, such as supervisors, insurance verifiers,
and financial counselors, the number of interviews
and interviewers may expand.
Ask the Right Questions
There are any number of questions to ask during
an interview, and following are 15. It is important
to note, however, that a candidate’s response to any
given question should not be considered in a vacuum
but rather in the context of the overall interview.
1. Ask the candidate to give a brief description of
himself or herself. Listen carefully to the answers,
as the first response someone provides to any
question is a good indicator of his or her character
and true feelings.
2. Ask candidates about past positions. Determine
whether their prior experience and skills fit with
the parameters and needs within the department.
3. Ask candidates why they left their last position.
If they state that they were not making enough
money, you know money is their main motivator.
If they state they could not get along with their
supervisor or that their supervisor hated them and
made their life difficult, consider this a potential
red flag, as it may be a sign that someone has trouble
dealing with authority figures. Note: There are no
absolute rules, and supervisors are not always right. A
supervisor could pick on an employee even though he or
she had excellent work performance.
4. Ask candidates some variation of the questions:
• “What are your biggest strengths?”
• “What are your biggest weaknesses?”
APRIL 2010 HEALTHCARE REGISTRATION
PAGE6
If they say their biggest weakness is that they are
easily bored and struggle to do the same task
repeatedly, you know they may not be the right
candidate for the job.
5. Ask candidates to rate their work performance.
Some people ask the candidates to rate their work
performance on a scale of 1 to 10. If candidates
do not give “10” as an answer, ask why. Carefully
consider their answers to these questions. If they
tell you that their work performance is a nine,
they might not rate themselves a 10 because they
feel that they can always improve.
6. Ask candidates to relate a proud customer service
experience in which they were involved as an
employee. If they cannot come up with an example
of how they provided good service, consider
this a potential indicator that they are not providing
top-notch service.
7. Ask about short-term and long-term goals. You
may find that candidates who indicate that they
are looking for a foot in the door so that they
can eventually transfer to another department
may—or may not—meet your needs.
8. Ask candidates some variation of the question:
• “How would you deal with a difficult customer?”
9. If yours is a 24/7/365 department, ask candidates
when they are willing to work. If they are only
available Monday to Friday from 9 a.m. to 5 p.m.
and the position requires that employees rotate
into weekend or evening shifts, this must be
addressed with the candidate. Also, be aware that
many candidates will say that they are willing to
work any shift, any day, any time. This is not always
the case, however, so prepare for them to decline
your offer if they are offered nights.
10. Ask whether the candidate has any special
restrictions. This query is not intended to exclude
candidates, but to determine how special restrictions
can be managed. For example, if a candidate
says he takes care of his sick parents and must be
home to give them medicine every day at 7 a.m.
and so cannot be to work until 9:30 a.m., you know
you will need to be flexible on the start time if the
candidate would be a good addition to your team.
• Further, once employees establish themselves
as reliable, managers must remain flexible.
Daycare arrangements sometimes fall through
at the last minute, employees or employee
family members may get ill, and other life
issues can occur, so making accommodations
for valued employees also must occur from
time to time.
• Friedberg notes that he is an advocate of being
a demanding but compassionate employer,
which has served him and the organizations
where he as worked well. If someone works
hard, Friedberg says, he would want to do
whatever is needed to help an employee. He
notes that he has, on occasions, contributed to
the cost of funerals for employees who could
not afford to bury a loved one, helped battered
women protect themselves from future
abuse, and helped employees obtain psychiatric
help as well as rehabilitation from drug
and alcohol abuse. Such supportive efforts for
dedicated and effective employees are worth
the effort to retain talent.
11. Ask candidates what they expect for a salary. If the
hourly rate is $10 per hour and a candidate will
only accept $15, the interview can be shortened.
Sometimes when you attempt to close an interview
due to the disparity in salary desired and salary
being offered you may learn that $15 is what they
desire but not what they are ultimately willing to
accept.
12. Ask candidates what energizes them in the work
place. The ideal response is one that indicates that
the candidate is energized by the satisfaction of a
job well done or by the ability to help people in
need. As in grade school, if the answer is lunch,
that is a likely indication that the candidate and
the department may not share the same values.
13. Ask what the candidate expects from a manager/
supervisor. This question can also help you understand
whether the candidate struggles with taking
direction.
14. Ask candidates why you should hire them above
all the other candidates. This is another variation
on the question to rate their work performance.
15. Ask candidates if they have any questions. If the
candidate does not ask any questions, consider
that a red flag. If you spend time with a potential
candidate and explain the many, varied, and often
complex requirements of a position in patient
access, this should trigger at least one question or
need for clarification. Notes Friedberg, “I would
rather a candidate ask a question with an obvious
answer than ask no questions at all.”
HEALTHCARE REGISTRATION APRIL 2010
PAGE7
Conduct Initial Competency Exams
After the interview portion is completed, give the
candidate initial competency exams.
The exams should cover, at minimum, the following
topics:
• Computer literacy;
• Standardized typing;
• Customer service; and
• Software specific competencies.
Computer Literacy
A basic understanding of how to use a personal
computer is essential. Although employees can be
trained on more complex computer functions, candidates
should be tested to determine if they can handle
basic PC navigation.
Standardized Typing
Avoid hiring candidates who type fewer than 30
words per minute accurately, as they will struggle to
maintain productivity standards.
Customer Service
In conjunction with answers given during the interview
process, test for candidates’ ability to effectively
manage basic customer service issues.
Software Specific Competencies
Competency exams in this area will depend
upon the systems and skills candidates note on their
applications. If a candidate notes experience with the
system used by your facility, a brief exam on core system
competencies may be worthwhile.
Keep in mind that prospective candidates sometimes
embellish their credentials because they believe
it will help them get the job and that they can figure
out later the skills they promised to deliver. It is better
to discover a talented candidate in all areas but
software-specific skills, as those skills can be taught.
Friedberg notes that it can be a positive if a candidate
lacks experience on your specific system, particularly
if a candidate says, “I have never used XYZ Software,
but I have used similar software, so I am confident
I can quickly learn the ins and outs of the XYZ
Software.” ■
Note
1. “Health Care Offers Greatest Job Growth Through
2018,” Healthcare Registration , March 2010, vol. 19, no. 6,
pp. 8–10.
This article is another in an occasional series on
patient access human resources issues, from initial
hiring and training, through to quality assurance
and retraining. The guidance is excerpted with
permission from “Staff Competency in Patient
Access: Tools, Tests and Tips for Building a
Successful Team,” by Healthcare Registration editorial
advisor Michael S. Friedberg. For more information,
go to www.hcmarketplace.com.
Reeaaddeerr’’ss RReessoouurrccee
Boost Bottom Line, Morale,
Patient Satisfaction
with Gratitude
Cultivating an attitude of gratitude culture
Liz Jazwiec
D oes your organization encourage a culture of
gratitude? Not in an obligatory, “Gee, I really
appreciate my coworkers and the feeling is
mutual!” way? Chances are the answer is no.
According to a recent Gallup poll, 65 percent
of people say they don’t feel appreciated at work.
And that feeling can lead to pervasive negativity, low
morale, and (worst of all) decreased productivity.
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