Hiring, Compensation, and Benefits
Created by FindLaw's team of legal writers and editors | Last reviewed March 22, 2017
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.
Below we will explore about the related matters of 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.
Know Your Compensation and Benefits Packages
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.
Hiring, Compensation, and Benefits : Related Resources
- Non-Competition Agreements: Real-Life Examples
- Retirement Plans: Real-Life Examples
- Deferred Compensation Plans: Real-Life Examples
Get Help with your Employment Law Issues
Running a business is part of your identity. You spend a majority of your waking hours at your job. You’ve worked hard to grow your company. In short, your work matters. But what happens when you come up against a conflict with an employee or group of employees? Learn more today by speaking with an employment law attorney in your jurisdiction.
Was this helpful?
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Contact a qualified business attorney to help you prevent and address human resources problems.