“If you've ever seen the look on somebody's face the day they finally get a job; i've had some experience with this. They look like they could fly. And its not about the paycheck, it's about respect, it's about looking in the mirror and knowing that you've done something valuable with your day.”
Kevin Klein
The film, Dave
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We want the application process, the hiring process, and especially those first days at work to be a pleasant and memorable experience for our new employees. We make every effort to provide a seamless transition for them into green garden gates.
Preparing for new employees
January 31st
All previous season employees are required to indicate in writing that they will or will not be returning for the upcoming season.
After January 31st
The section leaders, store manager and floor manager take part in a debriefing season to discuss all aspects of the previous season. In that discussion, the group decides on the numbers of new employees needed for the next season and any special labor requirements for their areas.
The store manager and floor manager then prepare a list of vacancies for new employees.
“Now Hiring for Spring” banners are posted on the store fences with the website address. Later when the store is opened, candidates can pick up a hard copy application at the information counter
The website contains a complete job description, a typical job checklist, the wages and benefits for each position, and a short video presentation by the store manager of common questions and answers about the store workplace in general. We want to be sure that the applicants have a complete understanding of the position.
The candidate fills out the application online on the website. ( the store is still closed for the season) There is a special access button for "new employee applications". The new applicants cannot access the other button, " current employees"
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The Employee Application Form
Your employee application
is “like shooting ducks in a barrel”
“It is so easy. All I have to do is walk into any store and fill out their employee application form. Then when I don’t get the job, I have my attorney write them a letter with all the illegal questions I had to answer on that application. We demand 5000.00 for being denied the job based on that application and I settle for 3000.00 cash and go to the next store down the street”
Nearly all the employee applications forms we have seen in garden stores are chucked full of illegal and unlawful questions that cannot be asked of the applicant. Those store owners might as well hang a sign outside begging people to take money. It is just a simple thing to get it right and keep away from the law.
In the attachments is the initial standard application form for all of our green garden gates stores. 
It includes explanations and statements that clarify reasons for some of the questions as well as disclosures and statements on matters related to the process of hiring and the job descriptions. We try to ask only job related questions.
The following are the questions that garden store owners cannot or should not ask on an employee application form;
Age
All references to age including years attending and graduating from any formal education that may lead the employer to calculate the age of the applicant.
Federal Law prohibits discrimination against persons 40 years or older
Date of birth
Nothing can be asked about age except it is permissible to ask the applicant if he or she is less than 18 years old. Wait until the employee is hired if that information is needed.
Gender/Sex
Never, never ask and do not accept a photo
Questions relating to gender are illegal. For example, “Are you pregnant? …Do you have children?... Are you planning to have children?.. What type of child care arrangements do you have?”
You can ask the applicant if he or she is able to fulfill the requirements of unusual overtime requirements, if the job description calls for this excessive overtime
Marital Status
Race
Religion
Family Lineage
Descent
Parentage
National origin
Sexual preference
Social Security Numbers and other government identifiers
We don't know if this is illegal, but we just do not ask these questions on the initial application. later in the process, we secure the numbers for other inquiries in the hiring process.
Physical traits including height and weight.
Disabilities and/or any health problems
Avoid all questions such as; “Have you ever filed a workmens compensation claim?”, or “How many days were you absent from your last job due to illness?”, or “Do you have any health problems that could impede you ability to do this job?”, or “Have you ever been a patient in a hospital?”, or “Can you perform the essential functions of this job?”
Questions that are permissible are; “Can you perform the essential functions of this job, either with or without reasonable accommodation?”, or “Can you meet the attendance requirements of this job?”
Hobbies or Leisure Activities
We have chosen to leave this question out of our application. There is too much danger of profiling an applicant. What if an applicant, who stated that his hobby was betting on horse races, was turned down for a job? Perhaps a hobby or leisure activity related to the job description would be acceptable.
Education
No questions unless a certain level of education is required for the performance of the job. We have made any other questions about education, training or special skills strictly optional on the application.(this, however, is still a bit dicey legally)
Criminal or civil convictions
The applicant can be required to inform the employer if a specific conviction would have a direct relation to the job description of this employment. For example, any fraud or embezzlement of money convictions in a job requiring the handling of money. Never ask or inquire about arrest records, only convictions.
The names and addresses of relatives
Only those names and addresses of a spouse and dependent children are permissible
Credit history, financial condition, bankruptcy or garnishment activity
Stay away from all of these topics
Renting or owning the place of residence
Don’t ask.
Statistically, minority groups rent rather than purchase their place of residence.
Citizenship
The applicant cannot be discriminated against if he or she is not a United States citizen. However, it is appropriate to ask “ Are you eligible to work in the United States?”
Drugs, Alcohol and Smoking
This is a very grey area. We do not ask this on our application form. Many state laws expressly prohibit discriminating against a person who smokes. A statement about the facilities being a “smoke free” environment is acceptable and may discourage smokers from applying.
Invasions of privacy, such as the taking a polygraph or a physical examination
Physical exams and criminal background checks can only be part of the hiring process as long as all employees are required.
Whether the applicant is a member of a union
A common trick is for an applicant to fraudulently list themselves as a “union organizer” and then sue the employer when they are denied, based on this disclosure
Whether the applicant can speak English
If the job requires the speaking of English, as necessary for communication, it is permissible
Friends or relatives working at the store
Although perhaps not illegal, it is a grey area and we do not do this
Type of discharge in military service
It is appropriate to ask about the military service. Questions about the type of discharge is improper.
Memberships in clubs and organizations
This may signal particular races, religions or national origins. However, asking about memberships in job related organizations is acceptable. Never ask about private clubs
The application should include statements;
That any candidate who provides unrequested information as part of the application process will be automatically rejected.
That disabled persons can request any accommodations needed to enable them to complete the application.
That the applicant is complete and true in these answers to the best of his or her ability and a declaration of the right of the employer to take action if the answers are not true.
As to how long the application will remain on file
Notifying the applicant that nothing in the application creates an employment contract for any specific time period.
Notifying the employee and asserting that the employer can terminate the relationship “at will” at any time for any or no reason.
Notifying the applicant that the employer adheres to the principals of equal opportunity.
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The week of February 15th
All applicants of interest are contacted by telephone. We want to wait a period of time after the application in case candidates have secured other work.
Following the telephone interviews, the pool of candidates are scored, and slotted for possible sections then reviewed by those section leaders.
All candidates who have not been chosen in this first round are notified by e-mail, text, or telephone, or mail.
The third week in February.
The section leader assigned to the potential applicant interviews by telephone, the references provided by the candidate.
These days it is tough to get any real information about the work history of the applicant. Companies tend to give only the dates and hire and discharge and not much else for fear of lawsuits. The question, "would you hire this person again" was always a dead giveaway but even that question may not be answered. Other private references, or course, will give great reviews of the candidate because they probably are friends. The references really are of little value beyond verifying the work history.
That section leader then contacts these potential applicants and sets up personal interviews during the third week of February. These interviews are slotted as all day sessions for the many applicants. The section leaders, of course, are paid for this work. The store manager and floor manager are available to meet the candidates, but the weight of the decision to hire an applicant rests with the section leaders.
The interview process is conducted by two section leaders or a section leader and a member of his or her section. They again review the job requirements, the wages and benefits, the hours expected to work and other information about the position. This interview is casual with levity. The interview is intended to take the "measure" of the person, their experience, their personality, and gauge their interaction with the interviewers. Each applicant interview is less than an hour.
The fourth week in February
The candidates are contacted by telephone and offered a position.
They are scheduled a date and time to report to the store for processing and training.
The applicants are asked to complete several processing steps prior to reporting; read the employee handbook, take our safety training, and study our initial store training. All the work can be done on our website. The employee is given a password to enter the "new employee application" portion of the website.
Depending on the geographical region, the interview and hiring process make take place starting on the first week in January. In colder climates, the process begins in February.
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Checklist for new hires
The section leader and others in charge of the equipment are responsible for the completion of their new hire checklist.
Administrative 
These are the documents to be prepared for the governments and insurance companies for new employees; withholding statements, immigration and citizenship forms, medical forms, contact and personal information, and banking information. Wage and bonus payments made to our employees are transferred electronically to the employees banking institution.
The Employee Handbook
Copies of the employee handbook (discussed later) are kept in the reference area of the information counter, on the website under "new employee applications" and in the possession of the store manager. Employees are required to read and certify that reading. This is done after their acceptance of the position and prior to reporting for processing. They are encouraged to visit the manual at any time during their employment with the company
Uniforms and equipment
Issued uniforms and sign the documents about the uniforms
Radio
Issued a radio and charge and sign the documents
Job Description
Sign and date their particular job description
Expectation Statement
Sign and date the expectation statement
Basic Safety Training
We conduct safety training continuously at the store. These initial training modules are for basic information, forklift and golf cart safety, the safe handling of chemicals, lifting and carrying methods, and basic first aid. The training is on the website for the employee and the exam is scored by the section leader and certified as completed.
"Quick and dirty" training
This is a basic introduction course to the company, the history of the store, important key elements of the employee manual, and some common questions and answers customers will be confronted with in the first days of the job. This training is available on the website with the exams scored and certified by the section leader
Assignment of a mentor
Each employee has a mentor at green garden gates. The new employee is introduced to the mentor. This mentor is from another section of the store not assigned to the new employee.
Tour of the facility
The mentor and the new employee tour the physical facility
Introductions
The mentor is responsible for introducing the employee to the store staff.
A separate form is used for proprietary information; computer passwords, security codes, and keys to the facility and equipment.
