Legal Hiring Process In Employment

With several laws which protect workers from employment abuses and illegal practices, employers should be aware of all the legal proceedings, especially in the hiring process, to avoid costly lawsuits.

Employment lawyers said there are six steps to make the hiring process in line with law:

1. Do not discriminate an applicant

According to the Equal Employment Opportunity Commission (EOCC), it is unlawful for employers to discriminate a worker based on gender, sexual orientation, race, color, national origin, ethnicity, religion, marital status, disability, and age.

To determine if an act is discriminatory, this should have no legitimate relation with employment. For example, a company which did not hire a qualified worker because of his religion is considered as illegal discrimination and violates the right of every person to have equal opportunity in employment.

Meanwhile, the EOCC said all the federal and state agencies, labor organizations, education institution, and employers with 15 or more workers are covered by the anti-discriminatory law.

2. Respect the applicants right of privacy.

Some employers have the tendency to scrutinize every personal detail of applicants to the extent of violating their right of privacy.

According to lawyers, no employer can force workers to submit themselves to drug tests and aptitude tests unless they give their consent to it.

While knowing more information about an employee can help employers decide on who among the applicants are the most qualified, they should know that the law regulates how they can acquire personal background and credit history of employees.

Still, employers who will hire workers in a sensitive position should check their background.

For example, a recruitment agency should make sure that the security guard it will hire has a clean personal background to ensure the safety of people.

Employer lawyers said that if an employeewho has a criminal recordcaused harm to other people, the employer may be liable for negligent hiring claims.

3. Avoid making false promises to employees.

Employers should not give false promises to workers such as job security, benefits, and pays.

Here is a case which involved false employment promises:

In the 1986 case of Hetes v Schefman and Miller Law Office, Joan was hired by a law firm as a receptionist, but after just eight months of working, she was fired without any reason.

She sued her former employer on allegation that the latter made false promises by saying she will remain employed if she will provide satisfying job.

The court ruling sided with Joan, saying that such employment promises should be given.

4. Follow the law in hiring minors.

According to the Department of Labor, minors should only work in a safe and secure environment that will not hinder with their education.

5. Follow the laws in immigrants

It is unlawful to hire undocumented immigrants, doing so have serious legal consequences.


Employee Handbooks – They’re Not Just For Big Companies

If you’re the owner or manager of a small to mid-sized company, you may feel that an official employee handbook is just something for larger corporations. If thats the case, there are some important benefits provided by employee handbooks that you may not be aware of.

The reasons that larger corporations maintain and provide employee handbooks are just as applicable to a smaller company. One benefit, that many business owners aren’t aware of, is that insurance companies look favorably on companies that have their employment policies written out in a manual and is kept up-to-date. A document that clearly identifies the rights and responsibilities of the employer and employee relationship in a business can greatly decrease the potential liability risk to your insurance carrier. Many insurance companies recognize this factor and provide reduced rates or other incentives for employers that provide an employee handbook to their employees.

This decrease in liability risk is a benefit itself, even if it doesn’t improve your insurance rates. Legal litigation costs are something every employer wants to avoid. Having your policies in written form can protect an employer from the types of misunderstandings that often lead to employment-related suits.

Of course, an employee handbook is only as good as the contents. If a manual isn’t kept up-to-date as policies and employment laws change, it loses its value. This is another excuse employers often use when they hesitate to create an employee handbook in the first place. They don’t want to spend lots of time and money creating a manual that will have to re-done every 6 to 12 months. With the technology available through small business HRIS (human resource information systems) software, this excuse is easily eliminated.

Small business HRIS software packages that include an employee handbook and company policy feature makes creating and updating those HR documents simple and inexpensive. The companies that create and sell HRIS software for small businesses recognize the importance of providing their clients with the proper legal language and keeping that language up-to-date. This eliminates the need for hiring an attorney to create your manual or to review it periodically. Just as payroll accounting software provides you with the most up to date tax information, HRIS software can help with the issues related to the employer-employee relationship.

Small business HRIS software is not just for creating employee handbooks. It includes a full range of data tracking options related to human relations. So, for one small price, a company can take full control of their HR needs with the employee handbook option being just one of the many benefits