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How To Avoid Legal Landmines When
Interviewing
by FitSmallBusiness.com
Questions One Cannot Ask
# 1) Race, Nationality, Ethnicity
Example: Does your last name mean
something in a different language?
# 2) Age, Gender, Marital
Status
Examples: How many years until you
qualify for social security? Should I
call you Ms. or ...
# 3) Religious or Political
Beliefs and Affiliations
Example: Are there any
special holidays that you will
need to take of...
# 4) Credit History or Past
Bankruptcy
Example: Are you responsible
when managing your personal
money?
# 5) Disabilities
Physical requirements should be
stated in the job description.
Example of an inappropriate
question: Wil...
Things To Keep In Mind
Background Checks
You should tell the potential job
candidate what information you
will be checking and get their
written ...
Drug Testing
Employers are allowed to test
new-hires for drugs. However
laws vary from state to state. You
should only tes...
Making A Job Offer
A basic job offer should include
the following:
1. Start Date
2. Salary and Compensation Package
3. Nam...
A Probationary Period
Is the limited amount of time in
w h i c h t h e e m p l o y e e ’ s
performance is evaluated and ca...
A Probationary Period
Most states have “At-Will
Employment” meaning that
employees go with or without a
reason and without...
A Probationary Period
Some argue that in states with at-
will employment, a probatory
period is unnecessary and can
create...
Taking A Drug Test
If they need to take a drug test to
get the position, this should be
stated in the offer letter.
Signing Non-Compete, Non-
Solicitation, and Confidentially
Agreements
A non-compete limits an
employee’s ability to take a...
Non-Solicitation
Prevents an employee from
leaving the company and from
trying to recruit their former
colleagues.
Confidentially Agreements
Require that employees don’t
share the ingredients of your
company’s secret sauce or
customer li...
For white collar jobs, even a
smaller company might want their
e m p l o y e e s t o s i g n a
confidentiality agreement.
And Finally...
To learn how to be a more successful
entrepreneur visit us at....
www.FitsmallBusiness.com
(Click The Link Below)
www.FitsmallBusiness.com
(Click The Link Below)
www.FitsmallBusiness.com
(Click The Link Below)
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How To Avoid Legal Landmines When Interviewing

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Hi Folks Dave Waring here again with Fitsmallbusiness.com and today’s lesson of the day.  In our last lesson we continued our series on hiring and managing, with a look at some of the legal considerations when hiring new employees.  In today’s lesson we are going to continue that series with a look at how to avoid legal landmines when interviewing.  So let’s get started!

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Transcript of "How To Avoid Legal Landmines When Interviewing"

  1. 1. How To Avoid Legal Landmines When Interviewing by FitSmallBusiness.com
  2. 2. Questions One Cannot Ask
  3. 3. # 1) Race, Nationality, Ethnicity Example: Does your last name mean something in a different language?
  4. 4. # 2) Age, Gender, Marital Status Examples: How many years until you qualify for social security? Should I call you Ms. or Mrs.?
  5. 5. # 3) Religious or Political Beliefs and Affiliations Example: Are there any special holidays that you will need to take off?
  6. 6. # 4) Credit History or Past Bankruptcy Example: Are you responsible when managing your personal money?
  7. 7. # 5) Disabilities Physical requirements should be stated in the job description. Example of an inappropriate question: Will you need any special help to do the work?
  8. 8. Things To Keep In Mind
  9. 9. Background Checks You should tell the potential job candidate what information you will be checking and get their written permission to proceed with the background check.
  10. 10. Drug Testing Employers are allowed to test new-hires for drugs. However laws vary from state to state. You should only test candidates you have offered a position.
  11. 11. Making A Job Offer A basic job offer should include the following: 1. Start Date 2. Salary and Compensation Package 3. Name Of The Position 4. Benefits
  12. 12. A Probationary Period Is the limited amount of time in w h i c h t h e e m p l o y e e ’ s performance is evaluated and can be fired if not meeting certain standards.
  13. 13. A Probationary Period Most states have “At-Will Employment” meaning that employees go with or without a reason and without giving notice
  14. 14. A Probationary Period Some argue that in states with at- will employment, a probatory period is unnecessary and can create legal problems.
  15. 15. Taking A Drug Test If they need to take a drug test to get the position, this should be stated in the offer letter.
  16. 16. Signing Non-Compete, Non- Solicitation, and Confidentially Agreements A non-compete limits an employee’s ability to take a position with another firm in the same industry.
  17. 17. Non-Solicitation Prevents an employee from leaving the company and from trying to recruit their former colleagues.
  18. 18. Confidentially Agreements Require that employees don’t share the ingredients of your company’s secret sauce or customer list.
  19. 19. For white collar jobs, even a smaller company might want their e m p l o y e e s t o s i g n a confidentiality agreement.
  20. 20. And Finally...
  21. 21. To learn how to be a more successful entrepreneur visit us at....
  22. 22. www.FitsmallBusiness.com (Click The Link Below)
  23. 23. www.FitsmallBusiness.com (Click The Link Below)
  24. 24. www.FitsmallBusiness.com (Click The Link Below)
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