8 Questions a Hiring Manager Should Never Ask

Most people who conduct job interviews aren't actually experts in hiring. In theory, recruiters should be (although, I've heard some horror stories about "professional" recruiters as well), but most hiring managers hire maybe one person per year. As a result, most hiring managers never become experts in hiring.

Job interviews should be designed to find people who are the most qualified for the job and who would also be the best fit for the department. You want to make sure you hire people who are reliable, talented, and will fit in. The desire to do this can sometimes lead a hiring manager to ask questions she shouldn't ask. Additionally, sometimes hiring managers have prejudices that should be set aside for hiring. Remember, the only the thing you should be concerned with is the ability to do the job. Nothing else should matter.

I asked attorney Cortney Shegerian, of Shegerian & Associates, what are some questions that people ask that they shouldn't. Here's what she said:

• Will you need time off for personal reasons?
• Is anyone in your family disabled?
• Do you have any serious health conditions or disabilities?
• How old are you? How many more years do you plan on working?" (Basically, any age question should be avoided unless you are making sure the person is not a minor)
• Are you religious? What do you believe in?
• What race do you identify with?"
• What gender are you? Are you transgender?
• What's your sexual orientation?

Basically, these are questions which give you information you can't use to make your decision. (Technically, sexual orientation/transgender status isn't a protected class in all states, but the EEOC is arguing it is and most likely the federal courts will agree. Regardless, it's irrelevant to someone's ability to do a job and legal or not, you're a jerk if you use this as part of your decision-making process.)

The first question, "Will you need time off for personal reasons?" seems like a reasonable question at first. You need to know if someone is going to reliably there. However, it can elicit responses which are illegal to consider. For example, "I'm going to need to take time off in six months because I'm pregnant." Ooops, now if you reject the candidate, you've got to prove that you didn't reject her because of the pregnancy. If you didn't ask, you wouldn't know and can't be accused of pregnancy discrimination.

Under the Americans With Disabilities Act (ADA), you have to make reasonable accommodations for a disabled employee, so you might think it makes sense to find out before you hire. However, like the question above, if the person says yes, then you're in the uncomfortable position of having to prove that you didn't consider their disabilities if you don't hire the person. Instead, let the person say what accommodations she may need during the negotiation phase of the hiring process. If she doesn't bring it up, you don't need to ask.

Race, gender, age, religion, are all irrelevant in the hiring process (except for making sure someone is over 18). You may be shocked at this as the job applications you've filled out have asked you for your race. This is for reporting to the federal government, and the data should be separated from the application.

Remember, when you interview someone, keep to things that are relevant to the actual job. Save the chit-chat for after the person is hired. Don't ask anything that you don't want to use in your hiring decision.

Source: http://www.inc.com/suzanne-lucas/8-questions-a-hiring-manager-should-never-ask.html

Fighting Multi-Billion Dollar Corporations For Employee Rights

Shegerian & Associates is an employee rights firm not afraid to hold multi-billion dollar corporations accountable to the law. The firm has made a name for itself with over 72 jury trial wins, including over 30 wins with seven or eight figure verdicts. Cortney Shegerian, an attorney at the firm, took some time recently to share her thoughts on successfully fighting multi-billion dollar corporations for employee rights.

“It takes more than a law degree and a bar certificate to win big money verdicts when your client is wronged,” says Shegerian, a graduate of Whittier Law School. “Jury trials are major undertakings, with each side investing plenty of time and money into a successful verdict. This often means countless hours spent researching, planning and strategizing.

“The most involved aspect of any case is placing the client’s needs center stage and building a sound legal strategy around the best possible arguments for each issue.”

Shegerian, niece of the firm’s lead attorney Carney Shegerian, handles all aspects of case management including trial preparation, mediation, and tries cases when settlements can’t be reached. Under Carney Shegerian’s leadership, the firm has seen a considerable amount of action against heavy hitter corporations.

This includes a nearly $8 million dollar verdict against Rite Aid where a client was harassed and ultimately fired after sustaining a neck injury during a store robbery. It also includes a whopping $26 million dollar verdict against office supply giant Staples.

“To win against big corporations, it’s important to know how to thrive in your professional element and how to perform well under pressure,” says Cortney Shegerian. “The intensity can sometimes be nerve-wracking, but the successful outcomes always make things worth it in the end.”

Fighting MultiBillion Dollar Corporations

True, going against a multi-billionaire corporation can be an intimidating endeavor for any attorney. These companies do not take employee lawsuits lightly. They’ll hire the best of the best to represent clients’ interests and take every precaution to ensure that those interests are litigated to their advantage.

So what’s an employee rights attorney to do when their client is the underdog battling a Goliath corporation? The answer may not be what you think. As in many instances in life, to win a fight against a huge corporation, it’s not what you know, but who you know.

This is not to imply that winning against large corporations is an inside job, requiring nefarious pursuits to reach desired objectives. Rather, successful attorneys’ quote time and time again the value of reaching out to colleagues and senior partners for advice and encouragement when the stakes are high.

“I’m fortunate to be working with an expert group of trial lawyers, each with his or her own unique level of experience and expertise,” says Shegerian. “When I hit a roadblock in case analysis in the wee hours of the morning or when I need a sounding board for a risk-taking litigation strategy, my colleagues are an invaluable resource.”

Another element involved in high profile cases is, as always, successful attorney-client relations. When attorney-client relations are out of sync, the entire operation could go awry with costly consequences.

Even though an attorney should always get the last word when it comes to legal strategy, Shegerian stresses being consistently forthcoming and willing to communicate both the strengths and weaknesses of a case to a client, keeping a high level of trust carefully intact.

Employee Rights Boons for Attorneys with the Right Stuff

“One of the best and most successful ways to approach a case against a well-backed employer is to stay on top of the trends of the law,” says Cortney Shegerian. “For instance, right now, courts are really making the effort to broadly construe the dictates of the Americans with Disabilities Act. This means these types of cases can provide tons of room for clients’ claims to land a successful verdict if an attorney knows her stuff.”

Indeed, several areas in employee rights law are soaring right now. Wage and hour disputes are on the rise, and the Obama Administration’s recent changes to national overtime laws will surely advance overtime-related lawsuits in the very near future.

Also, on the rise are disputes regarding sex discrimination. “Sex discrimination is an area that is constantly growing and reshaping itself. The rising issues of sexual orientation and gender identity disputes characterized as sex discrimination should open the door to a very new and real side of sex discrimination involving the LGBT community,” says Shegerian.

Upholding Client Rights When the Stakes are High

What’s the best advice for attorneys going toe-to- toe with multi-billion dollar corporations? “Stay the course,” says Cortney Shegerian. “Always remember to put your clients’ interests first, and understand the law enough to know that, no matter how high the stakes, you’re fighting for the rights of someone who deserves justice according to the law.”

Source: http://abovethelaw.com/?sponsored_content=fighting-multi-billion-dollar-corporations-for-employee-rights

Attorney Issues Statement on New Sexual Harassment Allegations

LOS ANGELES, July 27, 2016 /PRNewswire/ -- Cortney Shegerian of the Los Angeles-based employment discrimination firm Shegerian & Associates has released a statement regarding The New York Times report on Rudi Bakhtiar, a former news correspondent for Fox News who alleges she was a victim of sexual harassment during her time at the network. Bakhtiar claims her contract was terminated by Fox News chairman Roger Ailes for refusing the advances of another senior co-worker.

"Rudi Bakhtiar is an accomplished news correspondent who has lost out on countless opportunities because of her brave decision to fight back against sexual harassment," Shegerian says. "These allegations bear a striking resemblance to those made by Gretchen Carlson, and if true, prove that sexual harassment is pervasive within the Fox News organization."

"If these allegations are true, Mr. Ailes clearly created a culture where sexual harassment went unpunished, and in fact, was supported through the promotion and termination of employees," Cortney Shegerian went on to say. "When those who are in positions of power do not see sexual harassment as a serious issue, it is easy for employees throughout the rest of the organization to follow suit."

"The number of women who have anonymously come forward to corroborate Bakhtiar's story is alarming to say the least," Shegerian says. "This serves as a sad reminder of how many workers are being unfairly treated in the workplace, but are too afraid to come forward because of fear of retribution."

Located in Santa Monica, Shegerian & Associates is a law firm specializing in protecting the rights of employees who have been wronged by their employers. Richly experienced in labor and employment law and possessing an unparalleled success record as litigators, Shegerian & Associates is passionately dedicated to serving the needs of its clients. For more information about the firm, visit www.ShegerianLaw.com.