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Employment Eligibility Verification
Employers are required to complete and maintain an Employment Eligibility
Verification I-9 Form within three business days of hiring an employee.
I-9
Forms are most quickly obtained by downloading from the Immigration and
Naturalization Service (INS) Web site.
Interviewing Guidelines
When interviewing job candidates, it's important to focus exclusively on the
skill and experience needed for the position. Visit the US Equal Employment
Opportunity Commission at
http://www.eeoc.gov/policy/index.html
Employment Discrimination laws seek to prevent
discrimination based on race, sex, religion, national origin, physical
disability, and age by employers. Do not ask any questions in your
interview that can be considered discriminatory. You can be sued.
Be sure you comply with Federal and State law at all times.
Union Requirements
Right to Work states secure the right of employees to decide for themselves
whether or not to join or financially support a union, and makes it illegal
for unions to require membership as a condition of employment. In non-Right
to Work states, employees may be required to join unions in order to retain
employment at some companies regardless of opposing political views or
religious beliefs. If unions have or are forming in your business, find out
what the law is in your state.
Reference Checks
Generally, employers are expected to reveal only the employees’ date of
hire, date of termination and job title, and are prohibited from giving
confidential information . If the applicant signs a “waiver and hold
harmless agreement” as a condition for applying for employment, the employer
may feel more comfortable specifying additional information specified by the
agreement.
Credit Checks
To obtain a credit report on an employee or prospective employee, the
employer must provide clear and conspicuous written notice that a credit
report may be requested, and obtain written consent from the applicant or
employee.
Background Checks
Employers generally have the right to access arrest and conviction records
that are public information, but whether employers can use such information
for hiring decisions varies from state to state. Some states allow employers
to discriminate based on criminal convictions but not on arrests. Other
states apply varying rules depending on the position or industry being
applied for. You can usually find an independent investigative company in
your city by looking up 'investigators' in the phone book who can perform
background checks.
Hiring Foreign Workers
The
INS online is designed to inform employers about the immigration laws
that regulate the hiring of foreign workers.
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Alena Anteri and Dawn
Castellanos are the founders and co-editors of
VPMom.com. Additional business and family advice can be found by
visiting
http://www.vpmom.com |
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