Hiring Can Be Tricky Business
There are business owners that believe they don’t need to worry about the federal and state employment laws until they have hired someone. That’s not true! A business owners obligation begins the moment a help wanted ad is posted or a job description is created. Federal and state laws govern how to interview, investigate and select a new employee.
For example, during the hiring process a business owner must:
1. Avoid illegal discrimination based on certain protected characteristics
2. Respect an applicant’s privacy rights
3. Not make promises that cannot be kept
4. Pay attention to laws governing the hiring of immigrants and young workers
Before a business owner get’s busy hiring the dream team, there are a few issues about hiring that that warrant quick review.
1. Private employers do not have to advertise open positions. However there are major advantages to doing so. The first is creating a large enough pool of applicants to choose from. Don’t get caught hiring someone with a pulse. Remember, advertising job vacancies can have positive marketing benefits.
2. During any interview do not ask an applicant if they have a disability. There are ways to obtain the information needed to determine if a person can perform the essential functions of the job without explicitly inquiring.
3. There is no law requiring a job offer be written, however it is a good business practice to employ. Offer letters provide potential hires with details of exactly what the job offer includes, and no more.
4. Employers can ask if a worker is legally authorized to work in the US on a full-time basis, but there is no reason to ever ask if an applicant is an illegal alien. This kind of questioning could lead to a discrimination lawsuit.
Bottom-line: When hiring, focus on the essential job requirements, deal honesty with applicants, and respect applicant’s privacy. This makes hiring much easier.
This blog post is not intended for use as a source of legal advice. Seek legal counsel for these and any other personnel matters.
