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!

1. How To Avoid Legal Landmines When
Interviewing
by FitSmallBusiness.com

2. Questions One Cannot Ask

3. # 1) Race, Nationality, Ethnicity
Example: Does your last name mean
something in a different language?

4. # 2) Age, Gender, Marital
Status
Examples: How many years until you
qualify for social security? Should I
call you Ms. or Mrs.?

5. # 3) Religious or Political
Beliefs and Affiliations
Example: Are there any
special holidays that you will
need to take off?

6. # 4) Credit History or Past
Bankruptcy
Example: Are you responsible
when managing your personal
money?

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. Things To Keep In Mind

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. 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. 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. 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. A Probationary Period
Most states have “At-Will
Employment” meaning that
employees go with or without a
reason and without giving notice

14. A Probationary Period
Some argue that in states with at-
will employment, a probatory
period is unnecessary and can
create legal problems.

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. 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. Non-Solicitation
Prevents an employee from
leaving the company and from
trying to recruit their former
colleagues.

18. Confidentially Agreements
Require that employees don’t
share the ingredients of your
company’s secret sauce or
customer list.

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. And Finally...

21. To learn how to be a more successful
entrepreneur visit us at....

22. www.FitsmallBusiness.com
(Click The Link Below)

23. www.FitsmallBusiness.com
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24. www.FitsmallBusiness.com
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