Hiring Employees

4/30/2015

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Hiring Employees

Objectives

• Job Postings

• Applications and Interviews – Employment at-will

– Wrongful discharge

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Job Postings

• Cannot include preference or limitation based on protected classes

• State laws may be broader in what classes are protected

• Word of mouth recruiting – Supplement with distribution designed to reach

larger audience

Application and Interviews

• Do not make statements that suggest preference or limitation based on protected class or other factors

• Gender, age, race, citizenship, national origin, religion, disability, conviction or arrest record, education, or credit

• Keep disparate impact issues in mind for less obvious categories

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At-Will Employment

• Most employees are hired as at-will employees

• No contract or agreement to maintain employment for a specific term

• Either employer or employee can terminate the relationship at any time, for any reason, except a discriminatory or illegal reason

Wrongful Discharge

• Public Policy – Refusing to break the law

– Whistleblower

– Exercising a legal right (i.e. worker’s comp claim)

• Implied Contract – Long term employee with a good record

– Oral or written assurances

– Covenant of good faith and fair dealing

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Summary

• Legal framework designed to prevent discrimination and harassment in the workplace

• Be careful about comments made in job postings, applications, and interviews

• Most employment is at-will, but a court could imply an employment contract based on certain conduct