The Hiring Process

No matter what kind of business you run, your success or failure depends largely on the quality of your staff. The hiring process, including everything from writing a job description to conducting interviews and choosing the best candidates, should always be done with careful attention to details. This section provides information about job advertisements, illegal interview questions, discrimination laws, drug testing, background checks, employment contracts and related issues.

Overview:

Hiring Employees FAQs - Answers to common questions about job interviews and hiring laws.
Hiring Your First Employee - Legal obligations, ways to retain employees and other hiring tips.
Writing Effective Job Descriptions - How to attract the right candidates for the job.

The Interview Process and Unlawful Questions:

The Interview Process - How to conduct a successful job interview and choose the best candidate.
Conducting Job Interviews - Legal and practical advice for job interviews.
Illegal Interview Questions and Female Applicants - Overview of how anti-discrimination laws apply to female job applicants.

Avoiding Discrimination During Hiring:

Discrimination Rules for Hiring Employees - General primer on employer discrimination laws.
Discrimination in Hiring and the ADA - How the Americans with Disabilities Act prohibits discrimination in hiring.

Job Applicant Skill, Medical and Drug Testing:

Testing Job Applicants - Overview of mandatory pre-employment tests and the law.
Drug Testing During Hiring - The legality of drug screening and drug-testing policies.

Background and Credit Checks:

Running Background Checks on Job Applicants - How to run background checks both legally and tactfully.
Running Credit Checks on Job Applicants - How the law interprets pre-employment credit checks.

Types of Workers:

Hiring Independent Contractors - How the law distinguishes independent contractors from employees and related articles.
Hiring Immigrant Workers - Primers and resources to help you comply with federal laws when hiring immigrant workers.
Legality of Hiring Minors for Your Business - How to hire minors without running afoul of the law.
Youth and Labor - Resources and reference materials pertaining to the hiring of minors (U.S. Dept. of Labor).

Employment Contracts:

Written Employment Contracts: Pros and Cons - Overview of the benefits and drawbacks of written employment contracts.
Employment Contract Provisions: Ten Considerations - Various clauses and other employment contract provisions.
Employment-Based Arbitration Agreements - Legal and practical information about arbitration clauses.
Creating an Enforceable Noncompete Agreement - How to draft a noncompete agreement that is legally sound (Employment Termination section).