Crafting Effective Job Descriptions and Ads

Creating the type of job ads that attract large pools of highly qualified candidates takes careful thought and planning, like every other important business task. Besides providing an accurate job title and listing the main duties of a position, you need to let job applicants know if a specific job will fit in with their current lifestyle and priorities.

Of course, you must also describe the minimum job qualifications and what you require in the way of prior experience and training. And all of this must be done in a manner that carefully avoids discriminating against anyone.

While drafting a proper job description may sound a bit intimidating, it can be done with relative ease if you’ll start by making a list of the key facts you need to communicate – while still making the job sound highly desirable. The job ad itself should be considerably shorter, in keeping with the online or print forum where you’ll be placing it.

Here’s a closer look at some of the broad topics and details you should always try to include.

After picking an appropriate job title — add a clear list of essential job duties

Since all jobs tend to change a bit over time, it’s a good idea to visit briefly with the person who recently supervised the worker in the vacant position. This will let you know if your old job description needs to be updated or expanded. Next, make a list of the most common tasks the person hired will need to handle on a regular basis. Always start by listing the most time-consuming job assignments.

Also, be sure to indicate if the open job is an entry-level, mid-level or senior-level job. And you’ll need to note whether the position involves training or supervising other employees —

and what percentage of the employee’s time may be devoted to such tasks.

What type of academic background – and prior job experience – are you seeking?

To avoid potentially discriminatory language, it’s wise to indicate that you’re looking for someone with either a college degree “or equivalent experience.” Be sure to also specifically list any professional licenses or certificates that the person must have already earned. Likewise, you should clearly state whether it’s a job that may frequently require over-time, weekend shifts or travel.

When you fail to mention such factors, you’ll likely end up interviewing people who would never have applied had you provided that crucial information.

Make one list of all the required skills – and a separate list of all desired skills

If the work requires clerical skills, you might indicate a minimum typing speed and then list the specific types of software program skills required. If you need someone who is bilingual, make it very clear if you’ll expect complete fluency.

Should you believe the job requires the ability to work well under pressure while meeting strict deadlines, it’s always wise to include that information, too.

Provide a brief description of the job culture, if possible

If your company is in start-up mode, be sure to share that since there are people who know that they usually do their best work in more stable or established work environments. Likewise, if you’ll be expecting this person to always work in-house – or remotely on one or more days – try to indicate that as well since some workers either strongly prefer that lifestyle or know that they do their best work in an office setting where they can readily consult with others on a regular basis.

Consider indicating the desired new hire’s personality type and work traits

If the person you want to hire needs highly developed interpersonal skills – perhaps because it’s a receptionist or job training position — you may want to mention that as a desirable strength. Likewise, if the new employee will be conducting considerable research for your firm, it’s fine to say that you’re looking for someone with strong analytical skills and keen attention to detail.

Unique job demands or requirements

In order to avoid creating problems for yourself with the Americans with Disabilities Act and other legislation designed to protect specific job applicant and employee rights, it’s best to note unique requirements in your job ad so applicants will clearly know what’s required in advance.

Here are some job demands that should always be noted in your full job description provided to all selected applicants prior to job interviews.

  • Night shifts. Let applicants know if the new person may have to regularly tackle night shifts, in keeping with your company’s changing needs;
  • Ability to lift and/or carry small or large objects of a certain weight. People deserve to know in advance if they’ll need to lift heavy boxes or other objects on a regular basis. When possible, try to provide an accurate range of weights involved;
  • Use of personal vehicle. Be sure to note this and indicate that any job offer will be conditional, based on an applicant providing a recent copy of an acceptable driving record;
  • On-call work shifts. If this employee must be available on an on-call basis during certain days or weeks – on a regular schedule — be sure to note this since it lets those with unique family obligations (or physical limitations) know whether the job is still a desirable one for them.

If your company does federal contracting work – keep EEOC requirements in mind

When a business does this type of work, it must always note in any job ad that all applicants will receive full consideration, regardless of their color, race, sex, national origin or religion. Many companies simply note this at the end of their ads by indicating that they’re an EEO (Equal Employment Opportunity) Employer. 

Even some companies who aren’t required to include an EEOC statement include one so that their applicants will be fully aware that they’re encountered an employer dedicated to fair hiring from a fully diverse group of applicants.

Additional comments about legally risky, outdated jargon & online “keywords”

Remember to use gender-neutral labels like “salesperson” as opposed to salesman and “server” in place of waiter. Likewise, “general repair person” is better than “handyman.” It’s also preferable to indicate you’re seeking to fill a “part-time position” than to indicate that you’re looking for a college student.

Finally, give thought to obtaining direct advice – or even job-writing templates – from one of the major online job boards like Monster.com, Indeed.com or Careerbuilder.com. They can also help you with selecting the most useful “keywords” that you’ll want to include in your ad.

Please feel free to contact one of our Murray Lobb attorneys whenever you need any advice about how to properly attract and interact with job applicants – or if you need help with any employee management issues that may arise. Our firm can also supply you with any employee contracts and other general business documents.

Is Your Business Honoring All Federally Protected Employee Rights?

Most personnel managers must work hard to keep up with all the federally guaranteed rights owed to employees and job applicants. And when small companies aren’t required to do the same, they should still try to offer all the legal rights referenced below since every office runs more smoothly when employees are treated with respect and granted as many rights as possible. Employers must also be sure they’re upholding all state employment laws that are often more favorable to employees.

Although many federal laws govern various employee rights, there are five specific ones that set the core standards involving discrimination — and provide fairness when addressing worker hours, wages and time off to handle urgent medical needs. All business supervisors and managers can benefit from reviewing the following brief summaries of Title VII, The Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).

Basic employment standards established by Title VII

Businesses with 15 or more employees must abide by the full provisions of this law. While some might assume that employers with fewer than 15 employees can openly discriminate, lawyers frequently point out that other federal statutes (42 USC Sections 1981 and 1983) still protect ethnic and racial minorities against discrimination. These statutes govern the formation of contracts — and hiring employees always involves some type of oral or written contract.

Title VII strictly forbids all employers from discriminating against anyone regarding all

possible terms and conditions of employment. Therefore, employers cannot discriminate when handling any of the following activities.

  • Recruiting and hiring
  • Training and assigning work
  • Evaluating or measuring work performance
  • Disciplining
  • Promoting and transferring
  • Providing all promised benefits – including those owed after employment ends
  • Discharging

If your office has any questions about these standards, it’s best to contact your Houston employment law attorney to discuss your specific concerns in greater detail.

Employee rights guaranteed by the ADEA

While it may seem like a non-existent problem to younger workers, discrimination against older employees often incurs in many workplaces, especially when workers are nearing retirement when added benefits will likely vest. The Age Discrimination in Employment Act is designed to protect all employees age 40 and older when they work for an employer with at least 20 total employees.

All the basic employer activities listed above (regarding Title VII) must be applied fairly to older workers. Stated differently, the federal government forbids treating younger workers in a preferred manner over older workers who often have both strong skills and highly valuable years of experience.

Rights guaranteed under the ADA to the disabled

When a job applicant or hired employee can demonstrate his or her ability to handle all required job functions – without or without reasonable accommodations – discrimination is strictly forbidden. The ADA defines a disability as a physical or mental impairment that substantially limits any of a person’s major life functions or activities.

Reasonable accommodations should be offered to help the disabled person fully perform all required tasks, unless such adjustments would result in a fundamental alteration or change in meeting the employer’s program needs.

While the ADA has helped many workers, there’s still a need for greater societal change since many employers who can see a job applicant’s disabilities will privately opt to only hire those who don’t appear to have any cognitive or mobility issues.

Rights provided by the FLSA to all employees

The federal government has used the Fair Labor Standards Act to establish basic standards governing worker hours, minimum rates of pay and the handling of overtime hours. However, state law can offer more favorable rights, including a higher minimum wage.

Individual employers often choose to designate workers as either at-will employees who can be dismissed without cause or contract employees who must be provided with just reasons for their dismissal. The U. S. Department of Labor (DOL) states that if a company is a covered “enterprise,” and its workers are not exempt (or contract employees), the company must comply with all the FLSA provisions. Since determining what constitutes an “enterprise” isn’t always straightforward, you may need the help of your employment law attorney to interpret this for you. However, the DOL states that even if a company doesn’t qualify as a covered enterprise, all of its employees may still be protected by the FLSA provisions if their assigned tasks meet “interstate commerce” requirements.

Worker privileges available under the Family Medical Leave Act

This legislation applies to private employers with 50 or more employees working within 75 miles of the employer’s main worksite. To qualify for the extended leave provided under the FMLA, workers must have been employed by the company for at least twelve (12) months prior to making a request — and meet other specific criteria set forth under the law. Employees are supposed to be reinstated to their past jobs (or very similar ones) upon returning.

The FMLA is often used by a worker to care for a very ill, immediate family member or when the covered employee is personally battling a serious medical condition. Great care must be exercised when any worker states that s/he is not yet physically able to return once the full amount of leave allowed has been used (to avoid running afoul of provisions of state disability laws and the ADA.)

If you have any questions regarding how your office should apply any state or federal laws to employee issues, please don’t hesitate to call one of our Murray Lobb attorneys. We can also provide you with legal advice as to how some of these laws may have been recently modified by new Texas statutes.

Basic Requirements for Creating a Trust in Texas

Before meeting with your lawyer to create a trust, it should prove helpful to first review the following general legal terms and requirements that govern this effort. Once you understand your duties and the different parties you’ll need to name in the trust, you’ll be better prepared to begin listing the property you wish to transfer through your trust.

Key terms such as grantor, trustee, beneficiary and trust agreement

If you’re the party seeking to create a trust, you may be referenced in the trust document as the grantor, settlor or trustor. In order to create a valid trust in Texas, you must have the present intent or goal to create this type of document that allows you to protect property in a trust during your lifetime. Depending on the exact type of trust you create, you may also retain the right to fully control the property during your lifetime – which may include moving specific bits of property it in and out of the trust according to your needs.

Among your various duties as the grantor, you’ll need to decide who you want to name as the trustee – or controlling party – of your trust. If you choose to create the type of trust that must be managed and controlled by another party, you’ll have to decide if this should be your lawyer, a family member or another party with strong financial management skills.

As the creator of the trust, it will also be up to you to carefully describe all the duties you want your trustee to handle and how you prefer that those duties be carried out. And if you’ve chosen to act as the trustee, you should also name a potential “successor trustee” who can step in and take over if (or when) you become incapacitated — or pass away.

Additional requirements that must be met when creating your trust

You’ll need to be of sound mind, fully capable of understanding all that you’re trying to do with your property and have a proper legal purpose for the trust. In other words, you’ll just need your lawyer to state the specific type of lawful trust that you’re creating – such as a revocable, irrevocable or spendthrift trust – and which parties will receive the benefit of the properties held within the trust.

Texas law also mandates that your trust fully complies with all the requirements of the Statute of Frauds. This basically means that the trust is set forth in writing and is properly executed in full keeping with that statute so that it’s legally enforceable in a court of law. Your Houston estate planning attorney can also explain to you why certain gifts must become vested within set time periods so that they’re not in violation of the Rule Against Perpetuities.

Why you may need more than one trust

In addition to creating a trust that provides all your property with certain tax advantages during your lifetime, you may also wish to create an educational trust that will benefit your grandchildren or even one to cover the needs of a beloved pet after you pass away.

A simultaneous review of your entire estate plan will also benefit you

Whether you’re married or single, it’s always wise to carefully review all your assets with your attorney when creating a trust. In some cases, you may even want to go ahead and change how certain property is currently titled and change some investment accounts so that they’ll pay out directly to specific beneficiaries at the time you pass away – thereby lessening the duties of any party you’ve named as your trustee.

Please feel free to contact one of our Murray Lobb attorneys so we can create the type of trust you currently need. We’ll also help you review your overall estate plan and provide you with legal advice about the right way to properly manage any property or business interests not currently covered by a trust.

Shareholder Agreements Require Flexible Buy-Sell Provisions

There are many reasons why shareholders in closely-held corporations may need to quickly sell their shares to others. Therefore, its important when drafting a shareholder’s agreement to cover every basic aspect of buying and selling shares – in addition to the general administrative matters that must normally be addressed.

Depending on a corporation’s number of major shareholders and business pursuits, a flexible framework helps facilitate every goal. The following list sets forth some of the main terms that shareholder agreements should cover, separate and apart from the buy-sell provisions that will be discussed in greater detail below.

Common Administrative Topics Set Forth in Many Shareholder Agreements

  • Voting rights. Always describe each shareholder’s voting rights and when they can be properly exercised;
  • Qualifications for serving as corporate officers. Basic requirements must be stated so that only fully qualified individuals can serve as corporate officers at any level;
  • Noncompete provisions. All parties involved with a corporation must agree to avoid compromising its trade secrets or later leaving and then trying to compete for its clients for a limited time;
  • Preferred groups to consult with when internal disputes must be resolved. Include the names of specific mediation or dispute resolution services that can be contacted and how the corporation should decide when such outside help is required;
  • Inclusion of anti-dilution provisions to protect stock values;
  • A description of major shareholders’ “tag-along” rights;
  • Registration rights must be explained and how they apply to certain restricted stocks;
  • Stock valuation procedures must be described and closely followed.

Once these and other crucial topics have been covered, your and your Houston corporate law attorney should discuss the best buy-sell provisions suited to your corporate structure.

Basic Buy-Sell Provisions – Events That Often Trigger Their Use

Your shareholder’s agreement should always include a very detailed explanation of how shares should be sold when one of the following events takes place.

  • The death of a shareholder;
  • The termination of an employee shareholder – whether “for cause” or without cause;
  • The disability of a shareholder;
  • A shareholder’s retirement

When trying to draft the best buy-sell procedures to address these situations, it’s often wise to sit down and review your corporation’s main concerns and interests with your lawyer.

Should the Selling of Shares Be Mandatory — or Provide Parties with Greater Choice?

When trying to answer this question, you may want to provide different answers, depending on whether the sales are to the corporation itself, other shareholders – or to third parties.

  • Should your corporation be given the first right to purchase (or redeem) the stocks? If you and the controlling officers of your corporation wish to include this provision in your shareholder agreement, be sure to first consider the possible capital gains tax issues involved;
  • Do you want to automatically offer the available shares to other general shareholders if the corporation isn’t interested in redeeming the shares after a set deadline? If so, it’s important to indicate if majority shareholders will have the first opportunity to buy the shares;
  • Are you willing to allow outside third parties to buy the newly available shares? If so, you must decide in advance the types of criteria that such buyers must meet.

Other Key Issues Involved with Drafting Your Buy-Sell Provisions

  • Setting the proper price to be paid for the stocks. In general, if the available shares are to be purchased by the corporation or one of its current shareholders, you should have already created a clear formula in your shareholder’s agreement for determining the current, proper valuation of the stock. However, if the shares are to be sold to an outside third party, that outsider’s offer will normally be determined by the current market price for the type of shares involved;
  • How should the price be paid? Most corporations will benefit from establishing a basic buyout procedure within its shareholder agreement so that these common transactions can be handled according in a very clear, pre-determined manner. Since lump-sum payments are usually not preferred, you will need to decide if you prefer such options as:
  • A buyer-financed buyout
  • A seller-financed buyout, or
  • Some type of financing arrangement involving insurance or a trust

Since a corporation’s success is often determined by the terms and quality of its shareholder’s agreement, please feel free to contact our firm so we can provide you with our general legal advice or help you draft a new agreement.