If your small business has finally become so successful that you need to hire employees to help you continue providing great service to your clients, then you are likely excited and eager to "get the ball rolling" on hiring the help you need. However, if you have time to speak to an employer attorney, such as one from a place like Mohajerian A Professional Law Corporation, before you begin hiring, then it is a good idea. Why? Being an official employer does come with some legal risks that begin as soon as you post your first "help wanted" ad. Read on to learn three ways to protect yourself from employee discrimination lawsuits before and during your hiring process.
1. Word Your "For Hire" Adds Carefully to Stay out of Legal Hot Water
The internet has made posting job listings and finding employees easier than ever, but you must take care to word those "help wanted" ads carefully to make sure you don't accidentally discriminate against a certain race, gender, religion, or age group. Even if you don't post a phrase that is obviously discriminatory, such as "men wanted," which would obviously discriminate against women, you must also avoid phrases that signal implied discrimination.
For example, if you only need part-time help and are paying a relatively low wage, you may suspect that only local teenagers or college students would find the job appealing. This could lead to you casually stating that you have a "good job for a student" who needs a little extra cash. By stating that, someone older may be discouraged from applying and mistake this for age discrimination.
It is a good idea to write up a "for hire" ad that you think states everything you need in an employee and then run it quickly across your employer lawyer to see if they see any phrasing that could be found discriminatory when looked at by a second, legally educated eye.
2. Write Down Carefully Chosen Interview Questions Instead of "Winging It"
While you may be tempted to have fun hiring your first employees and just "wing it" while interviewing them to find employees who you think will be hard working and have personalities that you feel will make them easy for you to work with, realize that just asking one wrong question during an interview can end up with you facing an employment discrimination lawsuit before you even hire your first employee.
Due to Equal Opportunity Employment laws, you must be very careful to prepare a set of interview questions that don't accidentally ask questions that could reveal whether an employee may have a disability, whether a female applicant has children or is expecting a child, and what religion a person may follow.
Why? If you decide not to hire a person who you accidentally asked a question that leads to an employee feeling like they have to disclose this information to get hired or just be truthful during the interview, you could end up facing a workplace hiring discrimination lawsuit that ends up with you in court instead of interviewing more employees.
3. Consider "Sealing the Deal" with New Hires with an Employment Contract
If you worked for other people before starting your own business, then you may remember signing an agreement before you began your new job. While there are pros and cons to employment contracts, they can help prevent legal hassles later; when the rules of your workplace are outlined in writing and signed by your new employees, it can help you avoid legal hassles later due to an employee deciding months from now that they find a workplace policy you have "unfair" to them.
However, it is important to look into not only federal, but also state and local employment laws before drafting your contracts, and of course, run them by your employer attorney. You cannot require anything of your employees that is illegal, of course.
If your small business has become so successful that you are about to hire your first employees, then don't let your eagerness to hire lead to you accidentally breaking workplace laws before, during, or after the hiring process. Follow these tips and run your hiring plans by an employer attorney to avoid legal hassles later due to unintentional discrimination.
