Maybe you’ve owned your company for years and only recently began having an issue with employee benefits. Or maybe you’ve recently begun hiring remote employees on a temporary basis, but are starting to wonder whether you are following contractor rules. Are your remote employees really “independent contractors” or full-fledged employees entitled to sick leave and other valuable perks? We have answers to these and other employment law questions you may have.
Let’s look at hiring, compensation, and benefits. We can also direct you to a local attorney in your area if you wish to learn more.
You’ve been hunting for the perfect employee to fill a much-needed role in your small business. Now, you have a pool of candidates ready to be interviewed by you and your trusted staff. As a potential employer, you can ask your applicants to complete a pre-employment test before the big interview day – as many other employers do. This may include a drug test or even a skills test. This is all legal assuming the test doesn’t run afoul of well-established state and federal anti-discrimination policies (i.e. an employer of 15 or more employees may not discriminate in hiring on the basis of race, national origin, gender, or religion).
Worried about your employee’s credit history? In many states you can run an applicant’s credit history before hiring them, but be sure to check your state’s laws. Nonetheless, more and more, employers are running credit checks on their applicants to gather as much information as possible about the potential hire before actually hiring them. Yes, this is all perfectly legal, subject to some limitations. Some states such as California, Delaware, and Nevada limit an employer’s right to check a person’s credit.
Remember, an interview is the time for you as the employer to evaluate whether the applicant will be the right fit for the company culture. It is also a time for the applicant to decide whether you will be a good fit as well. Ask the applicant as many relevant questions as possible during the interview and always remain courteous, even if you will likely end up hiring someone else.
Compensation and Benefits
Hiring a new employee can be an exciting time for your company. It can signal growth and stability to the outside world or investors. You’ve likely had some conversations with your new employee about salary negotiations and several other important topics including 401(k) matching, pension plans, vacation and sick leave, and health care benefits.
If you have questions about any of these topics, it is best to first start a conversation with your human resources department or other relevant staff member. If you still aren’t getting the answers you want, an attorney may be the next step before you potentially violate the employee’s rights or subject your company to a lawsuit.
Free Consultation with a Utah Business Lawyer
When you need help with your business, whether it is hiring employees, employer responsibilities or other legal business matters, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506