Ah Technology! I might be older, I guess they call this Caller tunes, a music on hold type song that plays while I am waiting to talk to someone about potential employment. I got three of these just this week alone.
Please listen to the following and you tell me if this would get you motivated to consider hiring these people.
First Impressions count, and this is the first thing I hear.
Dennis
COCAINE USER HIDES BEHIND TONIC WATER EXCUSE AND WINS!
This unemployment insurance case will probably make you angry when you read it. At a time in the history of the
In this particular Illinois Department of Employment Security unemployment insurance benefits case, a claimant was a temporary employee originally. For purposes of this article, let’s identify the Claimant as Mary and the Company as Smith Company.
Mary worked for Smith Company as a temporary employee. Mary knew that if she were ever invited to join the Company as a permanent employee, she would be required to have a drug test per company policy. This Company decided to invite Mary to join Smith Company as a permanent employee and they scheduled Mary for a drug test. Mary took the drug test, and she tested positive for cocaine. Mary denied ever using cocaine. She argued to Smith Company that the test results were a “false positive” because of some interaction with tonic water!
Smith Company didn’t buy Mary’s tonic water excuse, and they did not hire Mary as a permanent employee. In fact, they terminated her employment relationship with Smith Company. Mary filed for unemployment insurance benefits. Smith Company protested (claiming that Mary was discharged for misconduct connected with the work under Section 602A of the Illinois Unemployment Insurance Act).
At the unemployment insurance hearing, the Hearing Officer found that the drug test was performed by a reliable and independent laboratory. However, there was nothing in the Hearing record to support this finding by the Hearing Officer that the lab was reliable and independent. The Company produced no evidence or witnesses at the Hearing that the lab was reliable and independent, and that the test results were therefore valid.
However, the Hearing Officer still found for Smith Company and denied unemployment insurance benefits to Mary. Mary appealed that Hearing decision to the IDES Board of Review.
The IDES Board of Review reversed the decision of the Hearing Officer and found that Mary was not guilty of misconduct under Section 602A of the Act. The Board of Review found that Smith Company did not meet its legal burden of proof at the IDES hearing because Smith Company failed to have medical personnel available during the hearing to testify about the drug test, the test results, and other aspects about the lab and the validity of the test. So Mary’s silly tonic water defense was victorious!
Of course, Smith Company could have appealed further to Circuit Court and beyond if necessary, but in view of Smith Company’s clear failure to have the necessary witnesses at the hearing, appealing through the
Smith Company did not know that they should have had witnesses from the lab at the IDES hearing. Now they know.
If your Company is claiming misconduct because an employee failed a drug test, be sure you have the necessary witnesses and evidence to present at the unemployment insurance benefits hearing. Witnesses can testify by phone.
By
Nancy E. Joerg, Esq.
Senior Attorney and Shareholder
Wessels Sherman Joerg Liszka Laverty Seneczko P.C.
(630) 377-1554
I have found that one of the most valuable characteristics that sets a candidate apart from the competition and gets them hired into the the position they desire, is the ability to follow a process. It might seem trivial to you, but there is a method that can get you into that new job with ease, you just have to follow it.
As a recruiter, I have procedures that I may transmit by email to save myself and my candidates time in getting the opportunity to be presented. I may request phone calls because there is information I need to know quickly or I may need a form to be filled out completely because it answers questions necessary to get a person hired. Also, it gives me a gauge of how well people will follow directions during the interview process and as a new hire representing my firm.
So I am asking anyone that reads this blog to help me by giving me just two minutes of your time. Please take out a sheet of paper and scroll down to complete the following assignment.
Thank you,
Dennis
It should take you 2 minutes or less to complete.
Directions:
1.Read through ALL the directions carefully and completely before you begin.
2.Print your name in the upper left-hand corner of this page.
3.Number the paper from 1-10.
4.Write today's date below your name in the upper left-hand corner.
5.Circle your name and date in the upper left-hand corner.
6.After the date written just below your name, write your birth date.
7.Put an “X” in the upper right-hand corner of this page.
8.Punch a hole with your pencil through the number “8” on your paper.
9.Draw a big smiley face in the middle of this paper.
10. Now that you have read everything through carefully, do only items 1 and 2.
Well, how well did you do? Was it a quick, easy read-through or a lot of useless effort? I'd like to hear your comments and experience of this exercise. Please comment and let me know if you were able to follow directions. Thanks.
***ATTENTION COACHING SESSIONS AVAILABLE!Coaching is available through any combination of in-person, telephone, or email support. Are you prepared to navigate the current job market?
