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GRQ #27 Zombie Leadership

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Posted from: http://youtu.be/pjEbslrsPAQ Enlightening information coming from FaceBook.
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ADA: Was AstraZeneca Employee’s Request for 12-Month Leave Extension Unreasonable?

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http://www.hrtrainingcourses.org/category/from-facebook/It is a common dilemma for employers: An employee requests a leave of absence for several months, fails to return at the end of the leave, and asks for a lengthy extension. Under what circumstances may the employer deny the extension and terminate the employee’s employment? A recent decision from the U.S. Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—shed a little light on the issue.
crazydiva / iStock / Getty Images Plus
Employee Requests Medical Leave and Extensions
“Pam” worked as a hospital specialist at AstraZeneca. In December 2011, her psychiatrist diagnosed her with severe depression and extreme anxiety. The psychiatrist provided AstraZeneca paperwork estimating that Pam would need to be on leave until May 2012 (about 5 months).
In March 2012, the psychiatrist provided a medical record indicating that Pam was “mildly ill.” AstraZeneca sent Pam a letter instructing her to return to work by March 22 and informed her that if she failed to do so, she would be presumed to have resigned. The psychiatrist then submitted a medical note indicating that Pam needed leave until March 30. A later note extended her medical leave through the end of April.
AstraZeneca sent another letter instructing Pam to return to work or else it would presume that she had resigned. Instead, the psychiatrist faxed additional documentation to the company stating that Pam’s medical condition would probably last “more than a year” and explaining that her estimated period of incapacity was “12 months.”
Employer Denies 12-Month Extension, Terminates Employment
AstraZeneca did not approve another extension of leave. Instead, it sent another letter reiterating that Pam had to return to work or else it would presume that she had resigned. The letter indicated that her employment was terminated for that reason and that her position had been eliminated in a reorganization.
AstraZeneca offered Pam a severance package. She didn’t accept the offer. Instead, she sued the company for, among other things, failing to accommodate her disability under the ADA.
ADA May Require Medical Leave as Reasonable Accommodation
The ADA requires an employer to provide a reasonable accommodation for the known physical or mental limitations of an applicant or employee who is an otherwise qualified individual with a disability unless the employer can demonstrate that providing an accommodation would impose an undue hardship on the operation of its business.
An employee must show not only that the requested accommodation would enable her to perform the essential functions of her job but also that, on its face, the accommodation is feasible for the employer under the circumstances (i.e., that the requested accommodation is facially reasonable).
A leave of absence or an extension of leave can constitute a reasonable accommodation under the ADA. Whether a leave request is reasonable is a fact-intensive inquiry. It is the employee’s burden to show that a leave of absence or an extension of leave is facially reasonable. If she can’t, her claim will be dismissed.
12-Month Extension Unreasonable Under ADA
The district court and the 1st Circuit held that Pam failed to show that her request for 12 more months of medical leave was reasonable. The 1st Circuit found persuasive previous cases in which courts ruled that employees’ requests for extensions of leave of less than 12 months were unreasonable under the ADA.
For example, the 1st Circuit cited a case in which a court ruled that an employee’s request for an extension of medical leave of 4 to 6 months was unreasonable. In another decision, the 7th Circuit suggested that even a 2-month medical leave may not be required by the ADA because the “inability to work for a multimonth period removes a person from the class protected by the ADA.”
The 1st Circuit cited its “newest judicial superior,” U.S. Supreme Court Justice Neil Gorsuch, in a 10th Circuit opinion. In the case, Gorsuch captured the dilemma lengthy leave requests pose for employers:
By her own admission, [the employee] couldn’t work at any point or in any manner for a period spanning more than six months. It perhaps goes without saying that an employee who isn’t capable of working for so long isn’t an employee capable of performing a job’s essential functions—and that requiring an employer to keep a job open for so long doesn’t qualify as a reasonable accommodation. After all, reasonable accommodations—typically things like adding ramps and allowing more flexible working hours—are all about enabling employees to work, not to not work.
. . . It’s difficult to conceive how an employee’s absence for six months—an absence in which she could not work from home, part-time, or in any way in any place—could be consistent with discharging the essential functions of most any job in the national economy today. Even if it were, it is difficult to conceive when requiring so much latitude from an employer might qualify as a reasonable accommodation.
The 1st Circuit agreed that complying with a request for a lengthy period of leave imposes obvious burdens on an employer, not the least of which is somehow covering the employee’s job responsibilities during her extended leave. In this case, Pam did not show that her requested accommodation was facially practicable, and therefore, dismissal of her failure-to-accommodate claim was appropriate.
Significantly, the 1st Circuit decided that because Pam failed to shoulder her burden of identifying a reasonable accommodation, there was no need to consider whether a 12-month extension would have imposed an undue hardship on AstraZeneca.
Some Relief for Employers
The takeaway from this case is that an employer may not be required to grant an employee’s request for an extended, multimonth medical leave of absence under the ADA, particularly if there is evidence that the employee will not be medically able to return to work in the near future.
Although there is not a black-and-white line, employees’ requests for extensions of leave of more than 4 months have been found to be unreasonable and may be denied based on case law. Each request for leave under the ADA must be analyzed based on the individual facts. In complex cases, the analysis ideally will include employment counsel.
Also, it is important to remember that employees may be entitled to medical leave under other federal and state laws, including the federal Family and Medical Leave Act (FMLA).
Meghan E. Siket, a partner at Whelan, Kinder & Siket LLP and an editor of Rhode Island Employment Law Letter, can be reached at msiket@whelancorrente.com or 401-270-4500.
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Dear Job Seeker: How to Navigate the ATS

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The job market is better today than it was just a few years ago, but finding a job that matches your skill set and your cultural needs is still no picnic. For you, it's about more than just filling a seat. You want to find a place where you can plant your flag, build the base of your future endeavors, and grow.

As a result, there's a lot of pressure on every resume you send out and every interview you go …https://business.facebook.com/HRTrainingCourses/ You could easily add our FaceBook Page to your own notes. Whenever you need to view additional relevant information about an HR career have a look at our FaceBook Page. Whenever other writers contribute to the FaceBook posts, you will find help and advice there which does not always get released here on the website especially.

Job Ads: You Catch More Flies with Honey than You Do with Vinegar

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Posted from: http://hrdailyadvisor.blr.com/2017/07/24/job-ads-catch-flies-honey-vinegar/ Enlightening info coming from FaceBook.
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http://www.hrtrainingcourses.org/category/from-facebook/Attracting talent is a huge undertaking, and if your job ads aren’t worded properly, you could be missing out on great candidates. But when you post a condescending job ad geared toward Millennials, basically blaming them for being lazy, you’re probably going to attract a lot of criticism, not talent.
Vepar5 / iStock / Getty Images Plus
Case-in-point: A theater in London recently came under fire for a job ad it posted seeking an administrative assistant. The job ad has since been removed from the company website, but just because you delete it, that doesn’t mean it’s not living somewhere else on the dark Web. The description read:
“Dear Millenials [sic],
As a professional company in the arts industry for the best part of twenty years, grafting, scraping, cap in hand to angels and funding bodies and occasionally getting lucky. Surviving on our box office, breaking even and revelling in the success that in the real world that is. It saddens me to be putting this advert up for the third time in as many months.
Are you just not taught anything about existing in the real world, where every penny counts. Did no one teach you that the end of your studies is the beginning of your education?
We are still here, after all these years. We run a venue in South Central London, we run as a receiving house, producing house. We have an outdoor events company putting on festivals on the Vauxhall Pleasure Gardens. We have been lucky enough to have been funded on several occasions in the last five years by Arts Council England for our outdoor projects, but the bulk of the funding for the art in and around our venue comes from the venue itself. We raise our own money by running a successful business alongside and intrinsically part of our art. We opened in a recession and are about to embark on a number of major projects.
One old lady used to run the whole of Mountview Academy with an IBM computer, it shouldn’t be this hard.
We need a grafter, who can commit. The absolute dogs in office skills, the ability to run a paper filing system as well as a computerised one, the ability to complete and keep track of a huge to-do list, to make our office work, create and develop business management systems that help the business to grow, giving space for more creative work to go ahead. To see where we are headed and realise that it is in your own hands how far you are able to go with us as we grow.
We have not been impressed so far.”
If this was the company’s third shot at trying to recruit talent, I can only imagine what the other two tries looked like. When reading this, the old adage “you catch more flies with honey than you do with vinegar” comes to mind. With that being said, let this be a lesson in what not to do when recruiting top talent!

Melissa Blazejak is a Senior Web Content Editor at BLR. She has written articles for HR.BLR.com and the HR Daily Advisor websites and is responsible for the day-to-day management of HR.BLR.com and HRLaws.com. She has been at BLR since 2014. She graduated with a BA of Science, specializing in Communication, from Eastern Connecticut State University in 2008. Most recently, she graduated in 2014 with a MS of Educational Technology.

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Only 16% of Workers Say HR Communications Make Them Feel ‘Connected and Engaged’

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Posted from: http://hrdailyadvisor.blr.com/2017/07/24/16-workers-say-hr-communications-make-feel-connected-engaged/ Interesting help and advice from FaceBook.
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http://www.hrtrainingcourses.org/category/from-facebook/EmployeeChannel, Inc., a provider of mobile apps for employee engagement and communication, has released the findings of a new study exploring communication requirements of nondesktop, remote, and office workers. Despite their different work environments, all three segments share a common view of the importance, frequency, and channels of communication. They also share remarkably similar expectations of both their HR teams and employers.
DrAfter123 / DigitalVision Vectors / Getty Images
Titled “What Every Employee Wants From Their HR Team,” the study is based on a recent survey of U.S. workers. Among a number of findings, the study revealed that employees would like to hear from their HR teams more frequently and consider open communication to all employees one of the top initiatives they would like to see their organizations focus on.
“We went into the study believing that we would find different communication requirements for non-desktop and remote workers when compared to the requirements of corporate office employees,” stated Steve L. Adams, CEO of EmployeeChannel—in a press release. “It turns out that—regardless of their work environment—people are just people when it comes to communication. They all highly value communication from HR and would benefit from a new digital approach to employee communication.”
Highlights from the Report

Employees believe effective communication is critical to creating a positive employee experience. Regardless of their work environment, all employee segments ranked “communicates frequently and effectively with employees” as one of the top two behaviors that creates a positive experience at work.
Employers continue to face an employee engagement and communication challenge. When asked how employers made them feel, only 16% of respondents across all three segments reported “connected and engaged.”
Nearly half of employees from all three segments reported they were “neutral, disagreed, or strongly disagreed” that the HR team’s communication efforts made them feel more informed or engaged at work.
A majority of employees also believe that HR is not communicating with them frequently enough. Seventy-five percent of employees across all three segments indicated that HR communicates with them “never or rarely” or only “sometimes.”
All employee segments want to hear more from HR. When asked how they wished the HR department would communicate with them, the top response for all segments was “more frequently.”
Older technologies, low-tech approaches, and their associated limitations may account for the perceived lack of communication from HR. E-mail and in-person meetings account for the majority of HR interactions for all segments, with phone calls trailing the primary two channels.
The three employee segments ranked “open communication to all employees” as one of the top two initiatives they wished their employer would focus on more, following only “positive recognition.”

Survey Methodology
The survey ran in the first quarter of 2017. There were responses from more than 1,200 U.S. workers, with approximately 400 participants responding to every question in each employee segment (nondesktop, remote, office).
The participants represented a cross-section of employers, from small businesses with less than 50 employees to enterprises with 20,000+ employees and included employees with a wide range of educational experience from high school to postgraduate work. The survey also included U.S. workers from multiple industries with a variety of professional personae. To download the full report, click here.
 
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Human Resources: 2017 Changes for Form I-9

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http://www.hrtrainingcourses.org/category/from-facebook/There’s a lot happening in the news. Regardless of your politics, our legislators are talking about immigration, health care, elections, and much more. It can be a challenge to keep up with it all.
For example, did you know that the U.S. Citizenship and Immigration Services (USCIS) office just released a new version of Form I-9? I didn’t know this change was coming until I was in New Orleans at the Society for Human Resource Management (SHRM) Annual Conference.

Back in 2013, Equifax Workforce Solutions helped us understand proposed changes to Form I-9. Because they were so helpful, I asked if they would give us an update and luckily Jason Fry, Sr., director of product management at Equifax Workforce Solutions said “yes”.
Jason, I know we’ve covered this before, but briefly tell readers the purpose of the Form I-9.
[Fry] Form I-9 as well as the corresponding process that employers must go through, is intended to prove identity and eligibility to work in the United States.
I know that a new Form I-9 was just released. What changes were made to the Form?
[Fry] This is the second new Form I-9 to be released in the past 12 months. We reported in a previous blog post that the new version of Form I-9 was planned to include changes to allow entrepreneurs seeking to enter the country under the ‘International Entrepreneur Rule’ (aka IE Rule) to present their foreign passport and I-94 as List A documents in Section 2.
However, on July 11, a notice was published in the Federal Register regarding a delay in the effective date to the IE Rule to open it up for additional comments. This delay means that the planned updates to address the IE Rule were not included in the new version of Form I-9.
On Monday, July 17, 2017 the new Form I-9 was released and changes include:

Revision to the instructions and update to the list of acceptable documents to include the Department of State’s Form FS-240 Consular Report of Birth Abroad to List C,
Changes to language in the instructions related to ‘the end of’ when describing when the Form I-9 must be completed, and
Revision to reflect the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) name change to the Immigrant and Employee Rights Section (IER) in the Department of Justice’s Civil Rights Division.

How long do employers have to implement the new Form?
[Fry] The new Form was published July 17, 2017, but employers have two months to transition to the new form. Employers will have until September 17, 2017 to begin using the new version of the Form I-9. After September 17, 2017, all previous versions of Form I-9 will become invalid.
With this change taking place, is this a good time for employers to consider a Form I-9 Audit? Why or why not? 
[Fry] It is always a good time for employers to consider a Form I-9 audit. In fact, when auditing Forms I-9 employers should be making corrections in accordance with the law when the I-9 was completed. This means employers do not need to wait until they have transitioned to the new version of Form I-9 to begin uncovering and remediating the risk in their I-9 database.
There are several factors that make I-9 compliance more critical now than ever in the past. Employers need to make sure they have their I-9s in order to mitigate their compliance risk.

You won’t have time to fix your I-9s when Immigration and Customs Enforcement (ICE) comes knocking on the door. Once ICE serves a Notice of Inspection (NOI) employers have as few as 3 business days to produce documents for audit.
You definitely have risk lurking in your I-9 archive. According to an industry attorney at Jackson Lewis P.C., on average, 60 – 80 percent of paper I-9s create risk as they are either missing, incomplete, or have errors.
If you haven’t audited your I-9 files recently, you may still be retaining Forms that are past the retention requirements. Employers will incur penalties for ALL errors, even if they should have been purged months or years ago.
It will cost you if you don’t address those issues now. Effective August 1, 2016, penalties nearly doubled, and this new fine structure is applicable to any violations incurred after November 2, 2015.
ICE is cracking down. Homeland Security is requesting 10,000 new ICE officials and ICE audits are expected to triple.

If an employer wants to do an audit, what are 2-3 things to consider?
[Fry] The thought of performing an internal I-9 self-audit can be overwhelming. But there are three steps employers can take to help streamline the process: 

Optimize – As you are auditing your Forms I-9, purge those that have met retention requirements. This will help eliminate risk from errors on those Forms and save you and your team the unnecessary time and energy of remediating any issues for documents past the required retention date. When employers are audited they are at risk for all I-9s in their database, regardless of whether an I-9 has met retention requirements. If it’s being retained because of improper data/form retention hygiene, it is subject to an audit and equally at risk for penalties and fines.

Prioritize – Sort and prioritize your issues to help focus resources on the most critical issues or the issues that are most easily corrected. The Department of Justice and Department of Homeland Security offered joint guidance to help employers perform an internal audit along with proper procedures for correcting errors and omissions.

Digitize – Go green plus leverage an automated audit and remediation solution that efficiently and thoroughly reviews your entire I-9 archive for issues, providing simple tools to guide your employees through the correction process while delivering a comprehensive electronic audit trail. And be sure to implement a compliant electronic I-9 management system moving forward so you aren’t creating new risk every time you hire a new employee!


My thanks to Jason and Equifax Workforce Solutions for keeping us current on this issue. If you want to learn more about the updates to Form I-9, be sure to check out the Equifax Workforce Solutions blog.
As human resources professionals, I know we spend a lot of time focused on hiring, engaging, and retaining the best talent. Compliance changes, like the ones proposed on Form I-9, can seem like a pesky fly at a summer picnic. But sending the message to our employees that the organization makes staying complaint a priority is a good thing, which sends a positive message that employees can be proud of.
The post Human Resources: 2017 Changes for Form I-9 appeared first on hr bartender.


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Don’t Contact My Boss for a Job Reference – Ask #HR Bartender

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Posted from: http://feedproxy.google.com/~r/HrBartender/~3/AvoSDriq3yk/ Amazing help and advice from FaceBook.
As feature of our continuing service to each of our visitors to the HR Training Courses website we also include some blog posts from other websites that have been submitted on our FaceBook Page that we believe will be of interest to our readers. We hope you will enjoy this extra content and find value in it.
http://www.hrtrainingcourses.org/category/from-facebook/We’ve talked about the job reference before on HR Bartender, but this is a new situation. What do you say if the company you’re interviewing with wants to speak with your last boss and you’d rather they didn’t…
Hi Sharlyn! I am in a pickle and am reaching out to all the resources I have to get some help. Although I quit my last job, my boss and I did not leave on the best of terms, and I would not want her to be a reference for me. I sent references per the request of a company who interviewed me, but they came back and asked if they could speak with her. I get the feeling if I don’t give my previous boss as a reference, they will think that something is fishy, and won’t offer me a job. Any advice? Many thanks and I hope you’re having a great day!

There are several situations here that the reader has no control over. For instance, if the reader left the company on the best of terms and the boss was willing to give a glowing reference, sometimes they aren’t able to. Many companies have policies that say managers cannot provide references for former employees. So, it’s possible that if a company said, “We’d like to chat with your last manager.”, they wouldn’t be able to.
(Side note: If you’re concerned about giving a job reference, we did a two-part series on job references a couple of years ago that you might want to check out. Part one of the series addresses the legal aspects of giving job references. And the second part is on the best way to leverage references in your job search.)
But back to the reader note. Let’s say the manager is able to give a job reference if they choose. It’s also possible that the boss feels badly about not having a good relationship with one of their employees. It could be embarrassing for them to have to tell another company that they didn’t get along with an employee. So, the manager says as little as possible OR says something positive when asked to provide a reference.
In both of those examples, candidates have very little control over the situation and what others say. What candidates do have control over is what they say.
Personally, when faced with these types of decisions, I’ve always leaned toward “honesty is the best policy”. I know it sounds very cliché-ish but, I do not believe it’s realistic to think that everyone will get along at work. It’s how you handle those situations that defines your professionalism and can make you stand apart.
So, I would figure out a way to say, “I’m happy to give you my former boss’ contact info. We didn’t always see eye-to-eye, but we always put our differences aside to do what’s best for the organization.” Or whatever words makes sense for you. The point being that, if you concoct a story, you will always have to remember that story. Remembering the truth is much easier.
To me, the big takeaway from today’s reader question is to think about the answer to this question now. What would you say if someone wanted to speak to a person about your work and you didn’t really want them to? Practice saying your response out loud every once in a while, so it sounds comfortable and not scripted.
And for those individuals who might end up on the receiving end of a phone call someday, being asked to provide a reference is a huge responsibility. It has consequences for you and the person you’re providing a job reference for. This isn’t the time to air petty grievances. Job references are about accuracy and professionalism.
Image captured by Sharlyn Lauby after speaking at the 2017 Saba + Halogen TalentSpace Live Conference in Phoenix, AZ
The post Don’t Contact My Boss for a Job Reference – Ask #HR Bartender appeared first on hr bartender.


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Keep Your Millennials Around by Giving Them Continuous Performance Feedback

– Posted in: From FaceBook

Posted from: http://feedproxy.google.com/~r/RecruiterDailyArticles/~3/Qwc78BIhGAk/ Amazing information coming from FaceBook.
As a part of our ongoing service to each of our visitors to the HR Training Courses website we also include some blog posts from many other websites that have been posted on our FaceBook Page that our team believes will be of interest to our visitors. We believe you will enjoy this extra content and find value in it.
http://www.hrtrainingcourses.org/category/from-facebook/

Today, millennials are the largest generation in the U.S. workforce, accounting for more than one-third of workers. It may have been possible to ignore millennials' need for continuous feedback in the past, but those days are over. Forty-four percent of millennials expect to leave their current roles in the …

https://business.facebook.com/HRTrainingCourses/ You could add our FaceBook Page to your notes. Anytime you want to view additional information about an HR career have a look at our FaceBook Page. You will discover related information there that might not always get circulated here on the website particularly when other writers contribute to the FaceBook posts.

Disrupt HR Detroit! September 27th – Tickets On Sale Now!

– Posted in: From FaceBook

Posted from: http://timsackett.com/2017/07/19/disrupt-hr-detroit-september-27th-tickets-on-sale-now/ Amazing information and facts from FaceBook.
As feature of our continuing assistance to all of our visitors to this HR Training Courses website we also include some articles from other websites that have been uploaded on our FaceBook Page that our team believes will be of relevance to our readers. We really hope you will enjoy this extra content and find value in it.
http://www.hrtrainingcourses.org/category/from-facebook/DisruptHR is coming to Detroit!!!  
I’m pretty excited about it and I’m part of the great team that’s putting this event together. The date is September 27th with registration starting 5:30 pm and the event starting at 6 pm at the Garden Theater in midtown Detroit. The tickets are only $25! We should be done around 8 pm. Food and drinks. A ton of networking and laughs! REGISTER HERE! (we do anticipate this will sell out – we have limited seating)
What’s DisruptHR Detroit? 
It’s fun and fast 5-minute presentations/talks by HR and Talent pros. Powerpoint presentations of twenty slides where the slides automatically change every 15 seconds. It’s done in a TEDx-style format and the speakers are there to challenge how we think about HR and Talent, or maybe to just to poke some fun at the profession we all grind at every day.
Want to speak at DisruptHR Detroit?
Our goal is to have 12 speakers for this first event. We already have some folks who have applied and we welcome everyone who has the interest to apply to speak. It’s super simple! Follow this link and submit your idea! The DisruptHR Detroit team will pick 12 great ideas and save the others for our next Disrupt!
Why should I come to DisruptHR Detroit?
First, I’ll be there as the Emcee! I mean who doesn’t want more Sackett in their life!?!
Second, if you are passionate about our profession of HR and Talent Acquisition, this is the one place on the planet you should be to be around like mind professionals and leaders within SE Michigan!
Third, there’s a great chance you’ll take back to your organization some great ideas from the speakers and from the conversations everyone will be having about the topics!
What does a DisruptHR talk look like? 
Here’s me doing one so you can get a flavor:

Failure Is The New Black | Tim Sackett | DisruptHR Talks from DisruptHR on Vimeo.
So, what are you waiting for? Sign Up! 
See you there! This is going to be so great! The first 200 people who sign up get a personal hug from me!!!https://business.facebook.com/MyHRCareerTips
You could easily add our FaceBook Page to your notes. Anytime you would like to find additional info about human resources have a look at our FaceBook Page. When other people contribute to the FaceBook posts, you will discover related information there that doesn’t always get released here on the website especially.

How to Use Twitter for Recruiting

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Posted from: http://feedproxy.google.com/~r/RecruiterDailyArticles/~3/emhqgRZ5Ct8/ Amazing information and facts coming from FaceBook.
As an aspect of our ongoing assistance to all our visitors to the HR Training Courses website we have several blog posts from various other websites that have been submitted on our FaceBook Page that we believe will be of interest to our visitors. We believe you will like this extra content and the value in it.
http://www.hrtrainingcourses.org/category/from-facebook/

Since being introduced to the world more than a decade ago, Twitter has become a digital social hub. That means it's also a powerful recruiting tool. If you want to find your next quality hire quickly and easily, Twitter may be just the place.

Here are a few tips on using Twitter to recruit top candidates:

1. Grow Your Followers

The first thing you need to do is get people …

https://business.facebook.com/MyHRCareerTips You can add our FaceBook Page to your notes. Anytime you want to find other info about HR have a look at our FaceBook Page. You will find information and facts there that might not always get circulated here on the website especially when other people contribute to the FaceBook posts.