Hiring Laws and Mistakes when Hiring

As an employer, it is important to ensure that new hires are properly qualified and adequately trained. Employers must also make sure they are not discriminating during application and job interview processes. Learn more about when hiring practices may become negligent or discriminatory.

Can an Employer Refuse to Hire Applicants Because of Their Criminal Record?

Many people have some type of blemish on their criminal record. Negative information on a person’s criminal record can impact their ability to be hired by a number of employers.
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Can an Employer Refuse to Hire Me for Having a Felony?

Individuals who have been convicted of a felony often experience difficulty in securing employment because many employers choose not to hire them. Just as employers may have policies in place that may result in termination upon the conviction of a felony, they may also have policies that weigh against hiring convicted felons. However, a series of laws may prevent an employer from having a blanket policy against discriminating against employees who have been convicted of a felony.
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Legal Checklist for Hiring New Employees

When hiring a new employee, it is important to understand the legal requirements associated with this relationship. There are several legal requirements that employers must be aware of in order to ensure that they comply with all relevant laws.
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What is Negligent Hiring and Retention?

As an employer, one is often subject to a lot of liability and often from unexpected sources. Not only are there concerns about meeting payroll and keeping your business afloat, an employer must also ensure that all of its employees are properly qualified before hiring and adequately trained and supervised once employed. Otherwise, an employer could find itself liable to a third party for negligent hiring and retention. But what is negligent hiring and retention?
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When Employers Can Be Held Liable for Negligent Hiring

Negligent hiring practices generally occur when the hiring supervisor or manager uses certain tactics or questions that could lead to discrimination or violations of various Acts such as the Civil Rights Act and the Americans with Disabilities Act. When engaging in these practices, the employer could face litigation with the person affected.
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Employment Background Checks without Employee's Permission

It is not uncommon for employers to request to run a background check on a person before extending an employment offer. However, complications can arise during this process.
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Hiring Mistakes Small Business Owners Make and How to Avoid Them

There are several mistakes that small business owners can make which cause numerous problems within the company throughout the life of the business, and there are ways to avoid them with the help of a legal professional and some research. Among these mistakes are simple reasons the owner will decide to follow through with the problem such as lack of experience or funding.
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What Questions Must an Employer Avoid Asking During an Interview?

Everyday, millions of Americans go on interviews, and everyday employers walk through a legal minefield of potentially dangerous questions. While some of the questions may seem harmless and intended solely to get to know the interviewee, they could actually open the company up to liability for various types of discrimination should that individual not receive an offer for the position.
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"Ban the Box" Laws: The Ban on Criminal History Questions on Job Applications

A number of states have passed laws that prohibit employers from asking applicants about any criminal history. This strategy is an attempt to help people rebuild their lives after acquiring a criminal history that may adversely affect their lives.
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What Are the Consequences to Lying or Omitting Information on a Job Application?

Although some people may be tempted to embellish their resume to make themselves more appealing to potential employers, doing so can come at a significant risk. Lying on an application or resume opens the applicant up to several serious consequences.
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When Can I Legally Have My Children Work in the Family Business?

It is important to know when children are legally able to join and work in a family business. This is often determined by age, the amount of hours and other factors that could affect how much the labor laws apply.
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School Lost Accreditation after I Graduated, Is My Degree Valid?

Understanding what the loss of accreditation to a school means to the individual student is important. This usually depends on how far through a degree program or course work the person is when the action occurs. There are many reasons for a school to lose accreditation. However, a warning is often sent when there is a violation and this action may transpire.
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Employment Consequences of Not Disclosing a Felony

Many job applications ask an applicant whether or not he or she has ever been convicted of a felony. Hoping that the employer will not check, some applicants indicate that they have not when this is not true. Making a claim of this nature can cause serious consequences.
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Job Offer Rescinded after Employer Learned about My Criminal History - Is that Legal?

Applications and job offers are complex matters that may end with a lawsuit because the company does not rescind an offer early enough or when it violates the individual’s rights to employment. While employers can rescind a job offer for nearly any reason, there are ways for the company to violate the law by doing so in certain situations.
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Rescinded Job Offer - How It Can Prompt Legal Consequences

If a company rescinds a job offer because of something the employer learned that does not provide a means of removing the job offer, the situation can lead to severe legal consequences for the company. It is imperative to limit the entity’s liability and proactively seek a resolution to the matter that does not cause a lawsuit.
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