Hiring Employees FAQ

Questions:

• What laws must I follow when hiring new employees?
• When I hire someone, do I have to use a written employment contract?
• Do any special rules apply if I'm hiring a teenager?
• Can I take an applicant's disability into account when I'm hiring?
• Can I ask where an applicant was born or whether he or she is a U.S. citizen?
• I want to know whether applicants have ever been fired or stolen from a prior employer -- can I require them to take a lie detector test?
• What should I do before hiring my first employee?
• What first-day paperwork requirements do I need to handle with new employees?
• How far can I go in running background checks?
• What is a job description?
• Can I check an applicant's credit report?

Answer:

How far can I go in running background checks?

When doing background checks, you must be careful not to invade the privacy of applicants -- and to respect the legal limits that apply to certain types of records and information. For example, some states don't allow employers to use arrest records in making job decisions. In response to the recent economic downturn, some states also restrict an employer's right to check an applicant's credit report or use a negative report as a basis for not hiring an applicant. For more information, see Nolo's article Running Background Checks on Job Applicants.