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The Perils Of The Hiring Process For Employers

On Behalf of | Dec 29, 2017 | employment law

The hiring process is a nervous time for both the prospective employees who apply for the open position, and the employer that is trying to hire the most talented applicant available. There are many things to consider on both sides, but today we want to focus on the employer and what they must do in order to ensure a successful and litigation-free hiring.

The first thing to realize about the hiring process is that there are many different questions that the interviewer is not allowed to ask the applicant. For example, they can’t ask if the applicant is considering having a child. They can’t ask about the race, religion, age, or sexual preference of the applicant. And they can’t ask about the disability or citizenship status of the applicant.

Another factor of the hiring process is that there are a lot of administrative steps that need to be completed. The employer must get a federal identification number for any new hire, as well as register the new hire for tax purposes. Workers’ compensation insurance and other benefits must be considered too, as well as aiding the new employee with registering for these benefits.

Last but not least, any employer should refrain from making any promises to a prospective employee during the interviews and discussions they have with applicants. This is because those promises become an “implied contract,” and if the situation changes with your hiring process and another applicant is actually selected as opposed to the one your promised something to, then you could have a legal mess on your hands.