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Conducting Job Interviews

Find out if job applicants are qualified -- but don't ask questions that could get you into legal trouble.

The spontaneous and unpredictable nature of the job interview can create hidden traps for the unwary employer. Things that you say with the most innocent intent can be misconstrued as prejudicial -- or used later as fodder for a lawsuit.

For example, a casual discussion about a female applicant's upcoming marriage could lead you to ask whether she plans to have children -- which could lead the applicant to believe that you discriminated against her based on gender if she doesn't get the job. Or, your optimistic prediction about the company's future success might convince an applicant to take the job -- and to later sue you for making false promises, after he is laid off when the company faces an economic downturn.

Three Rules to Abide By

The interview does not have to be such a perilous place, however. If you follow three simple rules, you should avoid legal trouble:

• Don't ask about anything that the law prohibits you from considering in making your decision. For example, don't ask about an applicant's race or religion, because you are not allowed to consider these factors in making your decision. And don't panic if an applicant raises a delicate subject -- such as disability or national origin -- without any prompting from you. You can't raise such subjects, but the applicant can.
• Respect the applicant's privacy. Although federal law does not require you to do so, many state laws and rules of etiquette do.
• Don't make promises you can't keep. If you exaggerate your company's prospects in an effort to sell the applicant on your business, and the applicant accepts the job because of those statements, you might face a lawsuit for fraud.

Once you know about these pitfalls, it's not that difficult to stay on the right side of the law. As long you focus on the applicant's ability to do the job and are truthful, you'll do just fine.

(Source:  nolo.com)

It seems as if every person I interview is coached on the interview process that I can't get sincere answers to my questions. How can I cut through rehearsed responses and learn more about these candidates?

 

The overly prepared candidate can be a puzzle for recruiters and hiring managers.

 

There are so many books, magazine articles and web sites that teach applicants not only what questions to expect, but also what answers to give, that it can seem impossible to get a straight answer from the person across the table from you. There are, however, several techniques that may help.

Start by reviewing the questions you are asking and finding out if those questions are on popular interview preparation web sites.

If the questions you are asking are commonly found on web sites but you still feel that they are important, consider how you can push candidates beyond their prepared responses.

Caution is necessary, though. Don't ask questions that are irrelevant, and don't unintentionally turn the interview into a stress test for the candidate. You can burrow for authentic answers without frightening your applicants. Last, consider that the rehearsed responses may be legitimate and informative. The fact that a candidate has prepared a response does not necessarily mean that the candidate is being insincere or untruthful.             www.shrm.org

 

Hiring Your First Employee: Ten Things You Must Do
1. Obtain an employer identification number.
When you hire employees, you must get an employer identification number (EIN) to use on tax returns and other documents you submit to the IRS.
2. Register with your state's labor department.
Once you bring on employees, you will have to pay state unemployment compensation taxes. These payments go to your state's unemployment compensation fund, which provides short-term relief to workers who lose their jobs.
3. Set up a payroll system to withhold taxes.
You'll need to withhold a portion of each employee's income and deposit it with the IRS, and also make Social Security and Medicare tax payments to the IRS.
4. Get workers' compensation insurance.
You should have workers' comp coverage to protect workers who might suffer on-the-job injuries. Workers' comp insurance is required in the vast majority of states, although some make an exception for very small employers.
5. Adopt workplace safety measures.
Virtually every employer must comply with the requirements of the Occupational Safety and Health Act (OSHA) by, among other things, providing a workplace free of hazards, training employees to do their jobs safely, notifying government administrators about serious workplace accidents, and keeping detailed safety records. For information on these rules, go to website of the Occupational Safety and Health Administration at www.osha.gov.
6. Post required notices.
Several government agencies require employers to post notices providing information on worker rights for their employees. In addition, you must comply with your state department of labor's poster requirements. A list of state departments of labor is included on the federal Department of Labor's website.

7. Set up personnel files.
For each employee you hire, create a file in which to keep job-related documents, such as job applications, employment offers, IRS Form    W-4, performance evaluations, and sign-up forms for employee benefits. Medical records should be kept in a separate, confidential file, in a locked cabinet. And you should store I-9 Forms, which document an employee's immigration status, in a separate file as well.

8. Create an employee handbook.
Although not required, it is an excellent idea to have a handbook describing your business's employee policies and making it clear that employment is at will unless an employee has signed a written employment contract.

9. Set up employee benefits.
If your business has established employee benefit programs such as health insurance or a 401(k) plan, you'll need a sign-up procedure so employees can enroll, name their dependents, and select options.

10. File IRS Form 940 each year.
You must file this form to report your federal unemployment tax for any year in which you paid wages of $1,500 or more in any quarter or for any year in which an employee worked for you in any 20 or more different weeks of the year. You can find the form at www.irs.gov.

(Source: nolo.com)

 

Hiring Young Workers

You must comply with child labor laws if you hire employees who are under the age of 18.

Federal and state laws limit your right to hire employees younger than 18 years of age. Generally, these laws seek to protect younger workers by restricting the type of work they can do and the number of hours they can work.

Prior to hiring any worker younger than 18, you should check both federal and state law. The federal law is described below, but your state's laws may be more protective of younger workers. To find out about your state's child labor laws, contact your state department of labor.

The Fair Labor Standards Act (FLSA, 29 U.S.C. §§ 2201 and following) is the federal law that governs child labor. Virtually all employers and businesses must follow the FLSA, although a handful of businesses, including small farms, are not required to. To find out about exceptions to FLSA requirements, refer to the website of the U.S. Department of Labor, the federal agency that enforces the FLSA, at www.dol.gov.

 

At HR Solutions, LLC we partner with small businesses like yours to:

• Ensure your compliance with state and federal employment regulations,
• Resolve specific employee issues, and
• Establish good employment practices including training and performance management.

These steps help minimize risk, improve employee retention and morale and increase productivity and profit for small companies that don’t have the resources of an in-house HR specialist.

Employee Relations Support	Management Development
Recruiting / Retention	Safety / OSHA
Benefits Administration	Performance Management
Worker’s Compensation Management	Weekly / Monthly on-site office hours
Sexual Harassment & Discrimination	Unemployment Hearings
Policies & Procedures

 

HR Solutions, LLC is like having your own HR Department – Only better!

We offer flexible plans to meet your needs and budget! 

CALL TODAY!  443-356-4352

 

 

 

   

 

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