How To Avoid Legal Landmines When Interviewing


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Hi Folks Dave Waring here again with 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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How To Avoid Legal Landmines When Interviewing

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