Transcript Megan Donovan - HR Perspectives in Law

HR Perspectives in Law
Megan Donovan
Managing Counsel, Alcatel-Lucent
May 19, 2011
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The Hiring Interview
Right or Wrong ?
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The Hiring Interview
What Kind of Name is That?
WRONG!
Can’t Ask Questions Based on Protected
Traits
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The Hiring Interview
That’s kind of strange for you to take so
long, isn’t it? Did you take time off after
high school?
WRONG!
Bonus question: Are all ages protected?
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The Hiring Interview
How do you feel about working with people
from different backgrounds?
RIGHT *
* So long as you ask the question of
everyone applying for that job
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The Hiring Interview
You being a white male, I’m not really sure
you’re going to win out over some of our
minority candidates.
WRONG!
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The Hiring Interview
I want to tell you, and please don’t take this
the wrong way, but you look awesome in
those jeans!
WRONG!
Bonus fact: Some of these laws don’t apply
to small employers
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The Hiring Interview
The job description that you applied
against
Online job applications are standard and
usually required
Allows the company to track its EEO
statistics
Gets hiring managers to say what they want
in the job!
BUT: It also allows us to kick you out of
consideration using a computer program
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The Hiring Interview
Are you able to perform all those functions
with or without an accommodation?
RIGHT!
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The Hiring Interview
Do you need an accommodation?
WRONG!
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The Hiring Interview
Background Check
This is also very standard and, in some
industries, required
Felony and misdemeanor convictions
Traffic violations
Financial background checks
FCRA notices must be given
Be honest!
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The Hiring Interview
Drug Screen
Post offer, pre-employment
Variety of methods and drugs checked for
Strongly recommend using an outside
vendor for background checks and drug
screens
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The Hiring Interview
Marijuana
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The Hiring Interview
Facebook
Yes, we are checking!
(and Twitter, MySpace and whatever else we
can find that you have put into the public
domain)
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The Hiring Interview
Work visas - expensive
Caps on work visas; deemed export laws
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The Hiring Interview
We work nights, weekends, and there may
be some travel. Are you ok with that?
RIGHT!
Bonus question: what if you only ask the
women?
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The Hiring Interview
Do you have any kids?
WRONG!
Bonus question: Does it matter whether it’s
a man or woman?
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The Hiring Interview
Have you been saved?
WRONG!
Religious days off – OK? Required?
•
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You’ve Been Hired!!
Actually, you’ve been given a ‘conditional
offer of employment’
Pass background check and drug screen
Go through export control check
Sign an invention assignment or similar
agreement
•
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And you can be fired!!
Employment “At Will”
“This document does not create a contract
of employment”
Severance?
Vacation?
Overtime?
Employee monitoring?
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Intellectual Property Agreement
Confidentiality
Non-Competition
Non-Solicitation
Bottom Line: Balance risk vs reward, focus
on protecting, not punishing.
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Intellectual Property Agreement
How do you protect what you created
before employment?
Disclose it
But what about creations that haven’t been
patented yet?
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Intellectual Property Agreement
You are also asked to protect the IP of
others
“I agree not to disclose or utilize during my
employment any proprietary information of
others (including former employers)
without proper authorization.”
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Intellectual Property Agreement
How do you protect what you create while
you are employed?
We own what you create:
During the course of employment;
Relating to our actual or anticipated
business; and
Using our facilities or equipment
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Intellectual Property Agreement
Conflict of Interest Policy
Not just related to business purpose, but
also to your time
COPYRIGHT © 2011 ALCATEL-LUCENT. ALL RIGHTS RESERVED.
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COPYRIGHT © 2011 ALCATEL-LUCENT. ALL RIGHTS RESERVED.
ALCATEL-LUCENT — CONFIDENTIAL — SOLELY FOR AUTHORIZED PERSONS HAVING A NEED TO KNOW — PROPRIETARY — USE PURSUANT TO COMPANY INSTRUCTION