Common Hiring Mistakes Made by California Business Owners

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Fremont business law attorneysHiring employees is a complex process, and it can be full of missteps and legal obstacles. Knowing how to avoid them and mitigate against them can be crucial to the future of your company. Learn more about the most common mistakes that California business owners make, and what you can do to avoid business litigation, with help from the following information.

Placing Job Ads with Discriminatory Language

Federal and state laws prohibit discriminatory language in the job postings of California employers. That includes posting a job ad that discriminates against someone because of their gender, religion, medical condition, disability, mental illness, sexual orientation, age, national origin, marital status, ancestry, or perceived sexual orientation. Examples of such language would include “youthful female,” “strong male,” “female,” or “faith-based employee.”

Asking Illegal Questions During an Interview

While interviewing potential employees, it is important that you avoid asking certain questions. All of them are illegal and could lead to a lawsuit. These questions include anything about age, marital status, pregnancy, disability, religious affiliation, or sexual orientation. You also cannot ask an employee if they have children or if they are pregnant.

Performing Overreaching Background Checks

California state law does permit employers the right to conduct background checks on potential employees. In fact, it is encouraged that you conduct background checks to avoid hiring an employee that may be a liability. However, there are some limitations to what you can check. For example, you can only check for factual, job-related information. Further, the employee must be aware of and consent to the background check before it is conducted.

Not Filing New Hire Forms with the State and IRS

As an employer, you are required to file tax information on your new hires to the state and IRS within 15 days of hire. Failing to do so can result in serious consequences. Hiring an independent contractor does not exempt you from filing paperwork either. For assistance with state and federal tax compliance issues, contact an experienced business law attorney.

Contact Our Fremont Business Law Attorney

Louis J. Willett, Attorney at Law, has the knowledge and experience you need to navigate the complexities of hiring employees. Our Fremont business law attorney is dedicated to the future and best interest of your company. We can examine your current hiring practices to ensure compliance and advise you on how to protect your business from future litigation. Learn more by scheduling a consultation. Call 510-791-2244.

Sources:

https://www.eeoc.gov/laws/practices/

http://www.edd.ca.gov/pdf_pub_ctr/de1.pdf

http://smallbusiness.chron.com/california-employer-background-check-law-34791.html

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