Use this checklist to prepare and manage the hiring process. Thoughtful preparation can reduce your liability; protect your at-will employment relationships; and reduce your odds of negligent hiring claims.
Prepare a job description that clearly outlines the essential functions of the job.
Determine whether the position is exempt or nonexempt and what type of employee you should hire to fill it.
Choose a recruiting method that works best for your needs. Avoid discriminatory language in your recruiting efforts and be specific about the job’s qualifications and salary range, if applicable.
Ask all applicants to complete an employment application, even if they provided a résumé. An employment application can provide legal protections. An application requires applicants to confirm the accuracy and truthfulness of the information they provided, authorizes you to check references and informs applicants that any future employment will be on an at-will basis.
Review résumés and evaluate written applications for consistency. Does the candidate meet your prerequisites?
Develop standard questions for each interviewee to avoid the potential for discrimination.
Before selecting a new employee, determine what type of background information you might need for the particular job. Checking references is always a good start. Document your attempts to obtain reference information.
Send a conditional offer letter to your chosen candidate. The letter should state if the offer depends on the applicant passing a reference or background check. If the offer is contingent on the applicant passing a criminal background check, you must follow the detailed notice process required by California law. See our sample offer letters: Exempt Employee Sample Offer Letter and Nonexempt Employee Offer Letter.
Prepare for your employee's first day. Have an orientation program in place so you can take care of all the required paperwork, provide the proper training and make the new employee feel welcome.
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