Employer Interview Questions
Generally, employers should avoid asking questions that relate to the classes protected by discrimination laws. The following examples are the types of queries that are illegal for prospective employers to ask:
- Whether the applicant has children or intends to have children
- Applicant’s marital status
- Applicant’s race
- Applicant’s religion
- Applicant’s age (other than inquiring whether over age of 18)
- Whether applicant has a disability
- Applicant’s citizenship status
- Questions about whether the applicant has ever had a drug or alcohol problem
An applicant may raise questions related to these areas during a job interview. If so, the employer may discuss these topics to the extent necessary to answer the applicant’s questions.
Whenever an employer seeks to hire a new employee, the employer should take a number of steps before that new employee begins work:
- Obtain the employee’s Social Security number or IRS Individual Taxpayer Identification Number (ITIN)
- Have the employee fill out a W-4 form for income tax withholding
- Ensure that Occupational Safety & Health Administration (OSHA) regulations are being followed
- Arrange to pay relevant federal and state unemployment compensation taxes
- Arrange to pay Social Security and Medicare taxes for the employee
- Ensure that workers’ compensation insurance covers the new employee
- Ensure that required labor notices are posted in the workplace as required by the Department of Labor (DOL)
- Assist new employee with registration for employee benefits
When an employer hires a new employee, the employer should be careful to avoid making promises to the employee that it may not be able to keep. Such false statements or promises on behalf of the employer may result in breach of contract. An employer should be careful not to exaggerate the security of the job or the prospects of the business. A promise that stock options will be worth a given amount, that the employee has a job for life or that employee will receive significant pay increases may result in an implied contract. If these promises are not kept, the employer may be responsible to the employee for damages the employee incurred in relying on the employer’s promise.
Speak To An Employment Law Attorney
An employer must be careful not to discriminate against an applicant on illegal grounds and must use caution in making promises to employees. If you have any questions about these issues, Law Offices of Louis D. Stober, Jr., L.L.C., in Mineola, New York, can help. Complete our contact form or call 877-791-8076 today to schedule a consultation with an employment lawyer.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.