Hiring - What you need to know and what you can't do!
 

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.

 
Alena Anteri and Dawn Castellanos are the founders and co-editors of
VPMom.com.  Additional business and family advice can be found by visiting
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