Hi Folks, Dave Waring here again with FitSmallBusiness.com and today's
lesson of the day.
In our last video we continued our series on how to hire and manage
with a look at some of the legal considerations when bringing on a new employee.
In today's video we're continue that series, with a look at how to avoid many
potential legal land mines
during the interview process. So let's get started.
There are lots of questions one cannot ask
either in writing or verbally when interviewing a job candidate
the same is true when in contact with the reference is that they provide
these questions which might seem natural for an interview would ask
are forbidden because their potential for discriminatory views
below is a list of areas in which the interviewer is not allowed to ask questions.
And examples of questions which are not allowed. You cannot discriminate based
upon
or asked direct or indirect questions about the following:
Number 1: Race, Nationality and Ethnicity
Here's an example of an inappropriate question: does your last name mean
something in a different language?
Number 2: Age, Gender and Marital Status
Here are 2 examples of inappropriate questions: how many years until you
qualify for Social Security?
Should I call you miss or mrs. Number 3:
Religious or Political Beliefs and Affiliations
Example of an inappropriate question: are there any special holiday that you will need
to take off
Number 4: credit history or past bankruptcy
Example of an inappropriate question: are you responsible when
managing your personal money?
Number 5: Disabilities
If a job has certain physical requirements those requirements should be stated in the job description.
You are allowed to ask specifically if the candidate can do a physical task required for the job
and mentioned in the job description.
However, all candidates should be asked these questions without a person with
disabilities being singled out
Example of an inappropriate question will you need any special help to do the
work.
I've included an article in the resources link below this video
where you can learn more about this topic. There are certain areas in which
there is no federal law
but various states have laws limiting the types of interview questions you can
ask
these include past crime convictions and sexual orientation.
I've included an article on state laws and another with a state by state
breakdown in the resources link below this video
What should you do with a job applicant volunteers information one of these
areas?
Don't ask followup questions or write down the information.
Here's some additional things to keep in mind when interviewing for new employees:
Background Checks
When using a service to check the background of a potential employee
you should tell the potential job candidate the information you will
be checking
and get their written permission to proceed with the background check.
You are also required to disclose the results to the employee.
If you want to do a background check on one candidate
you should probably do a background check on all the candidates still
in consideration to ensure fairness.
If you plan on doing background checks then you should read a more
in-depth article on the topic like the one from BackgroundCheck.org
which I have included in the resources link below this video.
Drug-testing. Generally speaking
employers are allowed to test new hires for drugs as a condition of employment.
Laws do however vary from state to state.
You should not single anyone out for a drug test.
Instead your firm should have a uniform policy in place like firm wide testing
or testing all new hires for particular type of position.
You should only test candidates that you have offered a position
and when advertising the position you should let potential candidates know
that they will need to pass a drug test prior to starting work.
If you plan on drug testing as a part of the hiring process
then you should read more in-depth article on the topic like the one from
Nolo.com which I have included in the resources link below this video.
Making A Job Offer. A formal job offer in writing can be useful in preventing
misunderstandings that spill over into legal disputes later on.
A basic job offer letter should include should include the following:
number 1: start date. Number 2: salary and compensation package.
number 3: name of the position and potentially the name of their supervisor.
Number 4: benefits also you should mention how long the candidate has to
respond to the job offer
and who they should notify. In job offers you should mention
any conditions attached to the job which may include the following:
A probationary period. A probationary period is a limited amount of time in
which the employee's performance is evaluated
and can be fired if not meeting certain evaluation standards.
Most states have at will employment meaning that employers can let employees
go with or without providing a reason
and without giving notice unless there's a contract or implied contract between
the two.
The exceptions to at will employment are Alabama,
Louisiana, Maine, Nebraska New York,
Rhode Island, and Florida. In practice, firing employees without a good cause or
reason is a bad idea for all sorts of reasons in any state.
Some argue that in states with at will employment a probationary period is
unnecessary
and can create legal problems. If you plan on setting up a probationary period
then read the article from Inc.com which have included in the resources
link below this video.
Taking A Drug Test. If they need to take a drug test in order to get the position
this should be stated in the offer lette. Sign A Non-Compete
Non-Solicitation and Confidentiality Agreements.
larger companies often require employees, specifically executives,
to sign a trifecta legal documents when coming on board for a job.
A non-compete limits an employee's ability to take a position with another
firm in the same industry.
Non-solicitation prevents an employee from leaving the company
and from trying to recruit their former colleagues for jobs.
Confidentiality Agreements require that employees don't share the ingredients of
your company secret sauce or customer list.
For white-collar jobs even a smaller company might want their employees to sign
a confidentiality agreement.
I've included three links where you can learn more about and create
non-competing confidentiality agreements
in the resources link below this video. That's our a lesson for today.
If you have any questions or comments please feel free leave them in the comment
section below.
For more great information on how to start and run a successful business
also be sure to visit us at FitSmallBusiness.com today.
Thanks for watching.