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Hiring

When hiring employees, negligent hiring practices can doom the process. Learn from your colleagues’ successes – and avoid their pitfalls.

Smart interview questions, well-written job descriptions, and sharp interviewing result in hiring employees that work out well, AND make you look good in the process.

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When it comes to making job offers, you or your hiring managers could be inadvertently locking the organization into employment contracts with new hires. Written job-offer letters run the highest risk of creating implied promises. To avoid creating any job-security promises, follow these do’s and don’ts:
It's important for employers to know what factors the IRS uses in determining whether an individual is truly an independent contractor versus an employee, and whether independent contractors fall under the protection of federal and state employment laws.
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?
Nothing upsets your well-oiled Payroll machine more than the influx of summer hires and their paperwork. Use these tips to tame the summer hiring process.

Q. Our company has received a number of résumés from college students interested in working as unpaid interns for us during the summer months. Would hiring such unpaid internships violate federal or state laws?

People who want a job must actually apply for it before they can allege they weren’t hired for discriminatory reasons. It’s easy to prove someone didn’t apply. Simply post job openings and retain all applications.

The city of Greensboro is considering an offer to settle a racial discrimi­­na­­tion lawsuit filed by longtime athletic director Jean Jackson. Jackson, who is black, claims the city regularly promotes white employees to management jobs without openly advertising the positions.
Q. We rarely post high-level management jobs internally. Must all jobs be posted internally so someone can’t file suit claiming “pre-selection” or that he never had a chance to apply?
Q. We want to hire someone who signed a noncompete agreement with his current employer. He asked us to indemnify him in the event his employer sues him. What are the legal risks associated with agreeing to indemnify him?

How you choose among candidates for promotion may spell the difference be­­tween losing and winning a lawsuit. Always document the decision-making process, especially when candidates are equally qualified. Later, you may have to explain the decision in court—and your reason had better be a good, business-related one.

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