How much can an employer ask a prospective employee?
Utica, NY |
I've started a small business and am going to be hiring people for the first time, and am not sure what I can legally ask. Can I ask them why / how they left their previous job? Why they're not eligible for rehire?
Yes, both of those questions are legal in New York State.
Steer clear of questions pertaining to protected class - Age, Race, Gender, Disability,Religion,National Origin, Sexual Preference, Intent to become pregnant or familial situation etc.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.
Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseGroup) or Facebook (http://www.facebook.com/WhiteRoseGroup) if you have follow up questions as we do not monitor questions after providing an initial answer.
But from a practical perspective, you might consider hiring through a temporary agency. While it will cost you the commission, you don't have to worry about any of these things. Plus you don't have any commitment, so if the employee does not work out, you can easily ask for a replacement - they usually have people standing in the wings.
If you do not have a signed retainer fee agreement with Chittur &
>Associates, P.C., ("the Firm"), then until such retainer agreement is
>entered into, neither the Firm nor any of its attorneys will represent you
>nor will they be your attorney in any matter and you remain responsible for
>any and all deadlines and for any statutes of limitations that may pertain
>to potential claims. No attorney-client relationship exists until such
>agreement is entered into; however, communications with the Firm by a
>prospective client remain confidential and are considered privileged.
>This email may contain confidential and/or privileged material for the sole
>use of the intended recipient(s). Any review, use, distribution or
>disclosure by others is strictly prohibited. If you are not the intended
>recipient (or authorized to receive for the recipient), please contact the
>sender by reply email and delete all copies of this message.