Avoiding Lawsuits When Hiring Employees
Hiring an employee is no easy task. It requires logic and consideration to pick the best candidate for the vacant position. So, the parties involved must formulate a process for Hiring Employees and Avoiding Legal Action at the same time.
Things to Remember:
Personnel in the human resource department or any other representative of the company tasked to hire new employees must remember the following in order to avoid any legal disputes:
- Avoid discrimination in any way.
- Respect the applicant's privacy and ask permission to do background check or any other legal procedure necessary in the hiring process.
- Be reminded of laws regarding the employment of immigrants, children, and disabled.
- Never make promises or statements that might leave a wrong impression on the applicant.
- Keep records of each interviews and contact with the applicants.
- Never release any applicant's personal information or background to other parties especially if that information is obtained illegally or without consent.
- Never make sexual advances or unwelcome touches to the applicant. Remember to present yourself as someone respectable.
Avoiding Discrimination
Discrimination is the most common basis of complaints regarding employment. Keep in mind that not only hired employees can file discrimination complaint against the company.
Those who feel that they are being discriminated against because of their age, gender, race, disability, and other attributes can also file a lawsuit against the alleged perpetrator.
So employers and company personnel must be reminded to:
- Choose words delicately and always be politically correct when addressing the applicant's status.
- Avoid asking personal questions especially those that will not affect the selection process.
- Never show prejudice and preference or bias over a particular applicant.
- Never implicate that his attributes will affect the required work to be done.
Other Complaints
Aside from discrimination, an applicant can also file charges of harassment. It happens when an applicant believes that he is rejected for the job position as a retaliatory action.
Some are offered instant hiring or higher salary in exchange for the sexual favors asked for by the interviewer or the employer himself. These applicants must never give in to such harassment and immediately inform concerned government agencies.
Employment Contract
The law does not require a company to provide a written contract for the employment of an individual. However, it is encouraged to do so because having an employment contract will lessen chances of future disputes.
Employment contracts aim to provide guidelines and outline of benefits to be done and received by an employee. It will protect the company's trading secrets and, at the same time, it can be used as an evidence of an employee who is receiving insufficient salary and benefits.
Acquiring Legal Help
An employment lawyer can give advices on Hiring Employees and Avoiding Legal Action to be filed against the company.
If an employer has already done everything but still is confronted with lawsuits from applicants, it is time for them to seek the assistance of employment lawyers. These lawyers are trained to handle these types of cases and so they won't have difficulty in looking for evidence that would prove their client's claim.
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Comments
if you really want to avoid everything listed here, you might be better of hiring your mother! lol! it's crazy how political correctness has driven everyone to the edge!
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