Legal Issues You Need To Consider In Your Hiring Process

By | | HR and Management Tips

The process of hiring begins with the search and ends after onboarding, but the middle contains more than just a few interviews and extending an offer. There are certain considerations you must be mindful of during the search, or you could end up in some hot water. Specifically, we are talking about the legal issues that occur throughout the hiring process.

Legal Issues when interviewing

When interviewing candidates, there are questions you need to ask related to their skills and experience. You may also use this time to determine if the candidate would be a good cultural fit, meaning they are in alignment with your organization’s core values and company culture.

With all the questions you should ask comes all the questions you legally cannot. There are classes protected by discrimination laws, which means asking can lead to issues down the line. Examples of these include inquiries about your candidate’s race, age, religion, marital status, and children. If you ask a question related to these and more areas and the candidate is not hired, they can in turn, claim discrimination.

Legal Issues when onboarding

As a general rule, you know you want to hire faster for a number of reasons, but there are steps that cannot be skipped. These steps are required before an employee can actually start working, meaning failure to comply can cause a number of problems with organizations like OSHA, the Department of Labor, and the IRS.

From obtaining the new employee’s federal employment identification number to setting them up with benefits, these tasks must be completed in order to meet with hiring compliance regulations.

Legal Issues related to false promises

During the interview process, it is important that you level your promises to your candidate in a realistic manner. While it is important to present the position to the candidate in a positive light, be sure to keep expectations grounded in reality. Measure your words and promises carefully so you are only offering what you legally can confirm. Breaking this implied contract can lead to more legal trouble and lawsuits that end up hurting your company.

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Now that you have learned more about legal issues in the hiring process, you are ready to bring on new hires to your company! For the best in Connecticut, look no further than A.R. Mazzotta. We deliver the best matches for your most complex workforce needs. Request an employee today to get started!