In our last post, we talked about employees who are illegally fired based on profanity or protected speech that they use. Firing someone is more complex than just saying “you’re fired” and escorting the individual off the premises. On the other end of the spectrum, hiring a new employee is also more difficult than it may seem. There are many legal topics to consider when a company begins the process of bringing aboard a new employee.
Before a new employee is actually hired, they will undoubtedly meet with someone at the company and be interviewed. During this interview the interviewer is forbidden to ask certain questions to the interviewee. The list is long, but in general the interviewer can’t ask many sensitive questions about many topics, such as the prospective employee’s religious beliefs, their desire to have children, their marital status, age or race, or their drug or alcohol use.
The company also has to perform a background check on any prospective employee, and this too must be done delicately. Once the company has the information on the individual, they have to properly store it and protect it. They also have to obtain the information in a legal and proper manner.
It should also go without saying, but an employer can’t discriminate against any potential employees.
Legal advice during the hiring process may be necessary for employers or prospective employees. Remember: prospective employees have a bevy of rights during the hiring process, and when these rights are violated, you have the ability to take action.