Hiring the right employees is critical to the success of any business. This comprehensive guide offers important guidelines for interviewing, hiring, and onboarding new employees.
The post Guide to Hiring Employees appeared first on AllBusiness.com. Click for more information about AllBusiness Editors. Copyright 2020 by AllBusiness.com. All rights reserved. The content and images contained in this RSS feed may only be used through an RSS reader and may not be reproduced on another website without the express written permission of the owner of AllBusiness.com.

Hiring the right employees is critical to the success of any business, particularly startup companies. Good employees can present new ideas and motivate other employees to work hard. They are dedicated, conscientious, trustworthy, and do not need to be micromanaged.

Conversely, hiring the wrong employees can slow down or impede the progress of your business and cause you to lose money through wasted training time, improperly performed tasks, or even internal theft. Furthermore, any incompetence or improper activities by your employees can reflect poorly upon you and your business and potentially result in legal liability.

Before hiring anyone, you should familiarize yourself with the laws and regulations imposed regarding interviewing and hiring employees. Protecting employee rights, ensuring physical safety, and maintaining fair treatment are at the heart of most laws created to safeguard the hiring process. Laws protect against discrimination on the grounds of race, religion, national origin, age, sex, or disability. They also protect against sexual harassment and unfair treatment of employees. You not only need to be aware of such employment laws, but you can protect your business by establishing appropriate hiring policies.

This guide offers business owners important guidelines for interviewing, hiring, and onboarding new employees.

Labor laws impacting employees

The U.S. Department of Labor (DOL) administers and enforces hundreds of federal laws covering workplace activities. The laws fall under various Congressional acts and are enforced by various divisions of the DOL. Included are laws pertaining to:

Wages and hours. Under the Fair Labor Standards Act (FLSA), administered by the Wage and Hours Division of the Employment Standards Administration (ESA)
Workplace safety and health. Under the Occupational Safety and Health Act, administered by the Occupational Safety and Health Administration (OSHA)
Pension and welfare benefits. Under the Employee Retirement Income Security Act, administered by the Employee Benefits Security Administration (EBSA)
Unions and members. Under the Labor-Management Reporting and Disclosure Act, administered by the Office of Labor-Management Standards (OLMS)

The DOL also enforces other laws pertaining to drug testing, polygraph use, garnishing wages, and family and medical leave.

Finding the right pool of candidates to interview

When hiring employees, popular methods for finding job candidates include using LinkedIn ads, employment agencies, executive placement services, job postings on employment websites, job postings on your own company website, and word of mouth. Keep in mind that the wider you extend your search, the more time you will need to go through resumes and narrow down candidates. In some cases, the cover letter accompanying the resume will tell you more about the individual than the resume itself.

Here are top tips on finding the right employee:

Ensure the job candidate is a good fit for the position
Look for candidates with integrity and a strong work ethic
Hire motivated people who have shown initiative
Look for high-performing individuals
Be sure the person will fit in with your company culture
Choose individuals who work well with others
Look for individuals with a positive attitude
Choose candidates that have problem-solving skills

Once you have decided which applicants you would like to interview, you need to prepare for the interview in advance.

Pre-interview to-do list

Prepare the questions you will be asking in advance and review them carefully.
Set up specific time periods on your schedule for interviews. Try to avoid scheduling too many interviews in one day or your recollection of individual applicants may become clouded.
Select a comfortable, well-lit, quiet location to conduct interviews. If the interview is to be done by Zoom or other video conference software, make sure the interviewee has the meeting link and password.
Have a legal pad or paper available on which to take notes during the interview.

Review each applicant’s resume just prior to the interview (and file along with your notes following the interview).

Different ways to approach employment interviews

Business owners who are hiring employees should know that there are several different philosophies when it comes to the job interview process. Depending on the position being filled, some employers will look more closely at specific technical skills when hiring employees, others will be concerned primarily with how this individual will fit in with the team, and some will focus on an applicant’s enthusiasm and desire for the position. The need to handle specific tasks, supervise others, meet with clients, and/or work independently should all factor into how you approach the interview process and make your assessment of the candidates.

Although you can get the answers to many questions from looking at a resume, it is important to hear each prospective employee respond so that he or she can provide greater insight into his or her previous employment, experience, and education.

Have each job applicant fill out an Employment Application

Having prospective employees fill out Employment Applications will typically save you time gathering background information. While a resume will include some of their work history, you can obtain more information from presenting your own application.

Applications should provide spaces for basic information such as name, address, phone number, and Social Security number. While you cannot ask a person’s age, you can ask if he or she is over the age of 18. You may also want to ask where the applicant heard about the position or who referred them to your business.

Past job history, including job title, key responsibilities, salary history, and reasons for leaving the previous positions should be included for the applicant’s last three jobs.

Education should include high school, college, and post-graduate work as well as any special schooling the applicant may have had that would be applicable to the position.

Finally, you need to have a paragraph (review this with your attorney) proclaiming that all statements made by the individual are true and that this application does not signify that any hiring agreement has been entered into. Also, have the applicant answer whether or not it is okay to contact his or her current or previous employer. The Employment Application should then be signed by the applicant and dated.

As is the case with the interview, you cannot ask a variety of personal questions on the Employment Application. Once you have hired someone for the position, you should hold on to the application and the employee’s resume. This is the information on which you based your hiring decision should it ever be questioned in the future.

Perform a comprehensive reference check before hiring employees

Many employers conduct a limited and incomplete reference check as part of the hiring process, often leading to issues with the candidate’s inability to perform their required duties or to get along with others. A comprehensive reference check includes:

Verification of job titles and dates of employment
Verification of educational degrees and dates of attendance at schools
Verification of starting and ending salary
Verification of job role and responsibilities
Inquiry as to why the applicant left the prior employer
Conversations with prior supervisors as to the applicant’s strengths and weaknesses
Inquiry as to the applicant’s ability to get along well with other employees and customers
Inquiry as to the applicant’s ability to take on the new role
Inquiry as to punctuality or absenteeism issues
Reference checks with other people not listed by the applicant as a reference

The purpose of these checks is to make sure that the applicant will fit into the company’s culture and to ensure that the applicant has been truthful in their resume and employment application. However, the process is carefully regulated by the federal government (through the Fair Credit Reporting Act) and the laws of many states; failure to follow the highly technical process can lead to class action lawsuits. Consider consulting legal counsel and, for general information, see the EEOC’s Background Check: What Employers Need to Know.

Use a good form of job offer letter or employment agreement

Oral agreements often lead to misunderstandings. If you plan to hire a prospective employee, use a carefully drafted job offer letter, which the employee is encouraged to review carefully before signing. For senior executives, a more detailed employment agreement often makes sense. A good offer letter or employment agreement will address the following key items:

The job title and role of the employee
Whether the job is full time or part time
When the job will commence
The salary, benefits, and any potential bonuses
Whether the position is “at will” employment, meaning either party is free to terminate the relationship at any time without penalty (although employers may not terminate employees for legally prohibited reasons, such as for age discrimination or retaliation for sexual harassment allegations, etc.)
Confirmation that the “at will” agreement may not be changed unless signed by an authorized officer of the company
Confirmation that the employee will need to sign a separate Confidentiality and Inventions Assignment Agreement (described below)
If the company chooses, a statement that any disputes between the parties will be resolved solely and exclusively by confidential binding arbitration
Any stock options to be granted to the employee and the terms of any vesting (details usually laid out in a separate Stock Option Agreement)
To whom the employee will report
Language stating that the offer letter constitutes the entire agreement and understanding of the parties with respect to the employment relationship, and that there are no other agreements or benefits expected (unless additional provisions are laid out in a handbook, which should be referenced if so)

Companies should ensure that the employee and the Company sign the letter, the Confidentiality and Invention Assignment Agreement, any Stock Option Agreement, and any first day paperwork (such as the IRS W-4 Form for withholding and the I-9 form mandated by law).

Here is an example of a form of employee job Offer Letter.

Employment agreements for executives

For executives and other high-level employees such as CEOs and CFOs, you might want to compose a more formal Employment Agreement.

A well-drafted Employment Agreement for an executive addresses the following key issues:

The job description: title, role, and responsibilities
Whether the employer can change the position
The length of the agreement
The salary, bonus, and benefits
Whether the employee gets stock or stock options in the company (the employee should typically earn these over time)
When the employee can be terminated
Severance payments, if any
The employee’s job responsibilities
The employee’s confidentiality obligations
Where and how disputes will be handled (arbitration is sometimes best)

Confidentiality and Invention Assignment Agreements with employees

Companies pay employees to come up with ideas, work product, and inventions that are useful to the business. Employees have access to a great deal of their company’s confidential information, which can be highly valuable, especially in technology companies.

One basic way to protect proprietary company information is through a Confidentiality and Invention Assignment Agreement. This agreement deals with the confidentiality issues, but it can also provide that the ideas, work product, and inventions that the employee creates which are related to company business belong to the company—not the employee.

A good Employee Confidentiality and Invention Assignment Agreement will cover the following key points:

The employee may not use or disclose any of the company’s confidential information for his or her own benefit or use, or for the benefit of others, without authorization.
The employee must promptly disclose to the company any inventions, ideas, discoveries, and work product related to the company’s business that he or she makes during the period of employment.
The company is the owner of such inventions, ideas, discoveries, and work product, which the employee must assign to the company.
The employee’s employment with the company does not and will not breach any agreement or duty that the employee has with anyone else, nor may the employee disclose to the company or use on its behalf any confidential information belonging to others.
Upon termination of employment, the employee must return any and all confidential information and company property.
While employed, the employee will not compete with the company or perform any services for any competitor of the company.
The employee’s confidentiality and invention assignment obligations under the agreement will continue after termination of employment.
The agreement does not by itself represent any guarantee of continued employment.

Venture capitalists and other investors in startups expect to see that all employees of the company have signed such agreements. In an M&A transaction in which the company is sold, the buyer’s due diligence team will also be looking for these agreements signed by all employees.

A sample form of Employee Confidentiality and Invention Assignment Agreement can be found at the Forms & Agreements section of AllBusiness.com.

Similarly, it will be appropriate that all consultants of the company also sign a Confidentiality and Invention Assignment Agreement. See Key Issues with Confidentiality and Invention Assignment Agreements with Consultants.

Properly classify workers as employees or independent contractors

Both emerging and established companies face the issue of properly classifying workers as employees or independent contractors. When hiring employees for your company, it’s critical to get this right. Lawsuits are often filed attacking the classification of workers as contractors, and the potential damages and penalties can be enormous.

Employees and contractors are paid differently. Generally, the company must withhold income taxes, withhold and pay Social Security and Medicare taxes, observe wage and hour laws, and pay unemployment tax on the wages of employees. On the other hand, employers generally are not required to withhold or pay taxes on payments to independent contractors, pay overtime compensation, or comply with other payroll and related issues applicable to employees. The general idea behind the difference is that the contractor will often have his or her own business, work for other companies, have expertise that is not subject to detailed control and supervision of the company, and may want the flexibility of setting hours and working arrangements.

The savings to a company by properly designating a worker as an independent contractor could be 20-40% of the labor costs. However, that savings will be quickly eaten up by challenges and claims from the government (which wants the tax payments) and lawyers for the workers.

The IRS takes the position that in determining whether a person is an employee or independent contractor, the key factor is the degree of control the company exerts over the process. Here are some of the factors that might indicate the worker should be classified as an employee:

The worker is required to work a designated schedule of hours
The worker is required to work at the employer’s place of business
The worker only provides services to one company
The company controls or has the right to control how the worker performs the service
The company provides the worker tools, supplies, office space, or equipment needed to do the job

These factors may indicate the worker may properly be classified as an independent contractor:

The worker sets his or her own hours
The worker has licenses, insurance, and other indicators of a separate business
The worker provides services to more than one company
The worker works relatively independently
The worker has the authority to decide how to go about accomplishing tasks
The worker incurs the costs of performing the services
The worker has the opportunity for profit or loss from the work

This is an evolving area of the law and some states are adopting specific legislation dealing with gig workers and independent contractors. California legislation in particular has been hotly contested by Uber, Lyft, and other companies.

New employee paperwork

Prior to welcoming new employees into the business and before you show them around the office, plant, or sales floor, you should be prepared with all of the proper paperwork.

Consider the following paperwork for the employee to sign on the first day:

Employee handbook. Have employees sign a receipt indicating that they have received and read the handbook.
Form W-4. It is mandatory that an employee completes the IRS W-4 Form used to determine the appropriate level of tax withholding.
Employee benefit elections. Employees should sign up for any such benefit programs, providing all necessary information. This would include company health or pension plans.
Confidentiality and Invention Assignment Agreement. This agreement stipulates that all proprietary information will remain confidential and that the company owns all inventions created by the employee, relevant to the company business, while under the employ of the company.
Emergency notification. This form lists phone numbers to contact should there be an emergency.

An employee handbook should include all practical information on:

401(k) or retirement accounts
Pension plans
Stock options plans
Medical & dental benefits
Disability insurance
Vacation days
Sick & personal days
Leave of absence
Maternity/paternity and family leave
Adoption benefits
Legal holiday schedule
Performance reviews
Operational policies & procedures
Safety & security policies
Codes of conduct
Sexual harassment policies
Dress codes
Email, social media, and internet use policies

Short of such a handbook for each employee, there should be a central location such as an Intranet site or a handbook in the office of the person who handles human resources for your company with all of this information spelled out in writing. It’s to your advantage to take the time to carefully think through and list all matters pertaining to employees prior to the hiring process. This can prevent future lawsuits.

Maintain proper documentation concerning employees and HR

Companies are often sloppy in maintaining the proper employee/HR-related documentation. This can become problematic if the company is pursuing financing, is involved in an M&A activity, or is involved in litigation with an employee or regulatory agency. Here is a compendium of the types of documentation the company should consider maintaining:

Job applications and resumes
Employee offer letters
Employment agreements
IRS W-4 forms (Employees’ Withholding Allowance Certificate)
Form I-9 completed by all employees (eligibility of the employee to work in the United States)
Anti-harassment and discrimination policy
Employee handbook
Stock option plan and agreements with all option holders
Benefit plans
Employee personnel files (including performance appraisals)
Employee complaints
Worker’s compensation documents
Emergency contacts
Records of any disciplinary proceedings taken against employees
Social media policy for employees
Code of conduct policy for employees
Compensation and bonus history
Employee-related posters mandated by law to be posted in the workplace
Employee termination notices
PTO tracking records

The post Guide to Hiring Employees appeared first on AllBusiness.com. Click for more information about AllBusiness Editors. Copyright 2020 by AllBusiness.com. All rights reserved. The content and images contained in this RSS feed may only be used through an RSS reader and may not be reproduced on another website without the express written permission of the owner of AllBusiness.com.

Labor laws impacting employees

Wages and hours. Under the Fair Labor Standards Act (FLSA), administered by the Wage and Hours Division of the Employment Standards Administration (ESA)
Workplace safety and health. Under the Occupational Safety and Health Act, administered by the Occupational Safety and Health Administration (OSHA)
Pension and welfare benefits. Under the Employee Retirement Income Security Act, administered by the Employee Benefits Security Administration (EBSA)
Unions and members. Under the Labor-Management Reporting and Disclosure Act, administered by the Office of Labor-Management Standards (OLMS)

The DOL also enforces other laws pertaining to drug testing, polygraph use, garnishing wages, and family and medical leave.

Finding the right pool of candidates to interview

Here are top tips on finding the right employee:

Ensure the job candidate is a good fit for the position
Look for candidates with integrity and a strong work ethic
Hire motivated people who have shown initiative
Look for high-performing individuals
Be sure the person will fit in with your company culture
Choose individuals who work well with others
Look for individuals with a positive attitude
Choose candidates that have problem-solving skills

Once you have decided which applicants you would like to interview, you need to prepare for the interview in advance.

Pre-interview to-do list

Prepare the questions you will be asking in advance and review them carefully.
Set up specific time periods on your schedule for interviews. Try to avoid scheduling too many interviews in one day or your recollection of individual applicants may become clouded.
Select a comfortable, well-lit, quiet location to conduct interviews. If the interview is to be done by Zoom or other video conference software, make sure the interviewee has the meeting link and password.
Have a legal pad or paper available on which to take notes during the interview.

Review each applicant’s resume just prior to the interview (and file along with your notes following the interview).

Different ways to approach employment interviews

Have each job applicant fill out an Employment Application

Past job history, including job title, key responsibilities, salary history, and reasons for leaving the previous positions should be included for the applicant’s last three jobs.

Education should include high school, college, and post-graduate work as well as any special schooling the applicant may have had that would be applicable to the position.

Perform a comprehensive reference check before hiring employees

Verification of job titles and dates of employment
Verification of educational degrees and dates of attendance at schools
Verification of starting and ending salary
Verification of job role and responsibilities
Inquiry as to why the applicant left the prior employer
Conversations with prior supervisors as to the applicant’s strengths and weaknesses
Inquiry as to the applicant’s ability to get along well with other employees and customers
Inquiry as to the applicant’s ability to take on the new role
Inquiry as to punctuality or absenteeism issues
Reference checks with other people not listed by the applicant as a reference

Use a good form of job offer letter or employment agreement

The job title and role of the employee
Whether the job is full time or part time
When the job will commence
The salary, benefits, and any potential bonuses
Whether the position is “at will” employment, meaning either party is free to terminate the relationship at any time without penalty (although employers may not terminate employees for legally prohibited reasons, such as for age discrimination or retaliation for sexual harassment allegations, etc.)
Confirmation that the “at will” agreement may not be changed unless signed by an authorized officer of the company
Confirmation that the employee will need to sign a separate Confidentiality and Inventions Assignment Agreement (described below)
If the company chooses, a statement that any disputes between the parties will be resolved solely and exclusively by confidential binding arbitration
Any stock options to be granted to the employee and the terms of any vesting (details usually laid out in a separate Stock Option Agreement)
To whom the employee will report
Language stating that the offer letter constitutes the entire agreement and understanding of the parties with respect to the employment relationship, and that there are no other agreements or benefits expected (unless additional provisions are laid out in a handbook, which should be referenced if so)

Here is an example of a form of employee job Offer Letter.

Employment agreements for executives

For executives and other high-level employees such as CEOs and CFOs, you might want to compose a more formal Employment Agreement.

A well-drafted Employment Agreement for an executive addresses the following key issues:

The job description: title, role, and responsibilities
Whether the employer can change the position
The length of the agreement
The salary, bonus, and benefits
Whether the employee gets stock or stock options in the company (the employee should typically earn these over time)
When the employee can be terminated
Severance payments, if any
The employee’s job responsibilities
The employee’s confidentiality obligations
Where and how disputes will be handled (arbitration is sometimes best)

Confidentiality and Invention Assignment Agreements with employees

A good Employee Confidentiality and Invention Assignment Agreement will cover the following key points:

The employee may not use or disclose any of the company’s confidential information for his or her own benefit or use, or for the benefit of others, without authorization.
The employee must promptly disclose to the company any inventions, ideas, discoveries, and work product related to the company’s business that he or she makes during the period of employment.
The company is the owner of such inventions, ideas, discoveries, and work product, which the employee must assign to the company.
The employee’s employment with the company does not and will not breach any agreement or duty that the employee has with anyone else, nor may the employee disclose to the company or use on its behalf any confidential information belonging to others.
Upon termination of employment, the employee must return any and all confidential information and company property.
While employed, the employee will not compete with the company or perform any services for any competitor of the company.
The employee’s confidentiality and invention assignment obligations under the agreement will continue after termination of employment.
The agreement does not by itself represent any guarantee of continued employment.

A sample form of Employee Confidentiality and Invention Assignment Agreement can be found at the Forms & Agreements section of AllBusiness.com.

Properly classify workers as employees or independent contractors

The worker is required to work a designated schedule of hours
The worker is required to work at the employer’s place of business
The worker only provides services to one company
The company controls or has the right to control how the worker performs the service
The company provides the worker tools, supplies, office space, or equipment needed to do the job

These factors may indicate the worker may properly be classified as an independent contractor:

The worker sets his or her own hours
The worker has licenses, insurance, and other indicators of a separate business
The worker provides services to more than one company
The worker works relatively independently
The worker has the authority to decide how to go about accomplishing tasks
The worker incurs the costs of performing the services
The worker has the opportunity for profit or loss from the work

New employee paperwork

Prior to welcoming new employees into the business and before you show them around the office, plant, or sales floor, you should be prepared with all of the proper paperwork.

Consider the following paperwork for the employee to sign on the first day:

Employee handbook. Have employees sign a receipt indicating that they have received and read the handbook.
Form W-4. It is mandatory that an employee completes the IRS W-4 Form used to determine the appropriate level of tax withholding.
Employee benefit elections. Employees should sign up for any such benefit programs, providing all necessary information. This would include company health or pension plans.
Confidentiality and Invention Assignment Agreement. This agreement stipulates that all proprietary information will remain confidential and that the company owns all inventions created by the employee, relevant to the company business, while under the employ of the company.
Emergency notification. This form lists phone numbers to contact should there be an emergency.

An employee handbook should include all practical information on:

401(k) or retirement accounts
Pension plans
Stock options plans
Medical & dental benefits
Disability insurance
Vacation days
Sick & personal days
Leave of absence
Maternity/paternity and family leave
Adoption benefits
Legal holiday schedule
Performance reviews
Operational policies & procedures
Safety & security policies
Codes of conduct
Sexual harassment policies
Dress codes
Email, social media, and internet use policies

Maintain proper documentation concerning employees and HR

Job applications and resumes
Employee offer letters
Employment agreements
IRS W-4 forms (Employees’ Withholding Allowance Certificate)
Form I-9 completed by all employees (eligibility of the employee to work in the United States)
Anti-harassment and discrimination policy
Employee handbook
Stock option plan and agreements with all option holders
Benefit plans
Employee personnel files (including performance appraisals)
Employee complaints
Worker’s compensation documents
Emergency contacts
Records of any disciplinary proceedings taken against employees
Social media policy for employees
Code of conduct policy for employees
Compensation and bonus history
Employee-related posters mandated by law to be posted in the workplace
Employee termination notices
PTO tracking records

Labor laws impacting employees

Finding the right pool of candidates to interview

Pre-interview to-do list

Different ways to approach employment interviews

Top job interview questions to ask when hiring employees

Introductory questions

Questions about work history

Questions about the job position

Questions on interpersonal skills

Questions about the company

Questions on strengths and weaknesses of the job applicant

Questions on job compensation

Concluding questions

Job interview red flags

Know what job interview questions you may not ask when hiring employees

Have each job applicant fill out an Employment Application

Perform a comprehensive reference check before hiring employees

Use a good form of job offer letter or employment agreement

Employment agreements for executives

Confidentiality and Invention Assignment Agreements with employees

Properly classify workers as employees or independent contractors

New employee paperwork

Maintain proper documentation concerning employees and HR

Labor laws impacting employees

Finding the right pool of candidates to interview

Pre-interview to-do list

Different ways to approach employment interviews

Top job interview questions to ask when hiring employees

Introductory questions

Questions about work history

Questions about the job position

Questions on interpersonal skills

Questions about the company

Questions on strengths and weaknesses of the job applicant

Questions on job compensation

Concluding questions

Job interview red flags

Know what job interview questions you may not ask when hiring employees

Have each job applicant fill out an Employment Application

Perform a comprehensive reference check before hiring employees

Use a good form of job offer letter or employment agreement

Employment agreements for executives

Confidentiality and Invention Assignment Agreements with employees

Properly classify workers as employees or independent contractors

New employee paperwork

Maintain proper documentation concerning employees and HR

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