Hiring Laws
Does the law regulate how employees are hired?
The law does regulate how employees are hired. Employers need to be careful during the hiring process, the application process and the interview process because there are several topics that cannot be covered or inquired about. Some of those topics are religion, medical condition, marital status and veteran status. What an employer might want to do to protect against possible claims involving failure to hire or discriminatory practices in the hiring process, is put together a set of standards or questions for the interviewer to ask the job candidate.
Do I have to advertise open positions?
Private employers typically do not need to advertise open positions. Government employers may have different requirements, but there certainly are some good reasons why an employer might want to advertise open positions.
Why should I advertise open positions at my company?
There are good reasons why you would want to advertise open positions at your company. Those reasons include opening up the job pool and your applicant pool to get a greater variety of candidates. You can also try to avoid discriminatory motives in your hiring, and you can also stay away from the appearance of nepotism.
Are there restrictions on what an employer can ask during the interview process?
There are restrictions on what an employer can ask during the interview process. Some of the things that you need to stay away from are questions about any protected characteristic or class. For example, religion, medical history, and in some states marital status and veteran status.
Can an employer ask job applicants to take a lie detector test?
No. Typically, an employer can not ask every applicant to take a lie detector test. That is going to be prohibited by the employee polygraph protection act.
Does the law allow employers run background checks on job applicants?
It depends on the circumstances, whether an employer can run a background check on a job applicant, and some of the things that are considered, are: What type of information is sought, and what is the reason for seeking that information? You can, for example, seek references and contact any employee's former employer. However, if you are seeking some records that are unrelated to the job position for which they are applying, that will be prohibited.
Can an employer require prospective hires to take a drug test?
Under federal law, there is no specific prohibition against requiring a job applicant to take a drug test. However, several states have imposed restrictions on such requests by employers.
Is an employer required to check the immigration status of new employees?
An employer is required to fill out an I-9 form, which will verify that the employer has checked into and received some sort of documentation that the employee is legally able to work in the United States. The hiring of an unauthorized alien can subject an employer to fines and penalties.
Can an employer state the conditions of employment in the job application?
Yes, absolutely. An employer can state the conditions of a job in an application - in fact it's probably good practice to do so. Once an employee signs that job application, then they are consenting to the terms of the position.
If I want to offer a person a job, am I required by law to do it in writing?
No, there is no particular law that requires an employer to make a written job offer. However, it is probably a good idea to do so. It will provide the potential employee with a full understanding of what it is that is required, and will really limit the confusion about what the terms and conditions of the job are.
When I hire someone, should I use a written contract?
A written contract is something that not all employers are going to want to use, but whether or not you do use it will depend upon the business, as well as the position. What you have to remember in using a written contract is that you are bound to the terms of the contract, assuming that they are enforceable. The upside of that is that the employee is also bound by the terms of that contract, and so it may provide you with more assurances that that employee will remain in that position for whatever period of time it is that you have bargained for.
What is an implied' contract?
An implied contract, as opposed to an expressed contract, is one that could be inferred by circumstances, actions, or policies of an employer. An expressed contract, on the other hand, when it is explicitly made clear that a contract has been entered into by the parties.
