Introduction

Many state and federal laws -- as well as countless court decisions -- set out legal protocol for every phase of the employment relationship, including the hiring process. If you've correctly sensed that many workers today are well informed about their legal rights and are willing to fight to enforce them, you may be concerned about making costly mistakes during hiring.

Fortunately, you can steer clear of most of the legal perils of hiring employees by understanding and following these sensible guidelines:

  • Avoid illegal discrimination.
  • Respect each applicant's privacy rights.
  • Don't imply job security -- unless you mean it.
  • Protect against unfair competition.
  • Observe the legal rules for hiring young workers and immigrants.

The first part of this chapter discusses these key principles -- some of which apply throughout the employment relationship and are discussed elsewhere in this book as well.

The rest of the chapter will explain how to keep legal risks to a minimum as you write job descriptions, advertise for workers, design job applications, interview applicants, check into their backgrounds, and offer them jobs.

Those hiring independent contractors should consult Chapter 12, where you'll find a detailed discussion of the legal and practical issues you'll have to consider.



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