The Hiring Process

Employees have a right to privacy in certain aspects of the workplace. An employer generally may not search an employee's handbag, briefcase, locked desk drawer, locked storage locker or person without permission from the employee. Likewise, an employee has some privacy in personal telephone conversations but does not have a strong right to privacy in company e-mail messages and Internet use. If you feel your right to privacy has been violated by your employer, contact an experienced employment law attorney today.

Whether you are an employee being discriminated against because of your gender or race or you have been wrongfully terminated for blowing the whistle on illegal practices, hire an experienced employment lawyer to protect your rights. At Robaina & Kresin, PLLC in Phoenix, we have a thorough knowledge of Arizona and federal employment law.

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From at-will employees to workers with disabilities, we have worked hard to protect the rights of employees throughout Arizona. When employers try to take advantage of their employees, they need to be held accountable for their actions.

If you have an employment law question, don't hesitate to contact one of our attorneys today. Call 602-682-6450 or 888-881-9890 to schedule an appointment.

Applicants for employment positions have rights whether or not they become employees. Under federal law, it is illegal for an employer to discriminate in its hiring process based on race, national origin, gender, pregnancy, age, disability or religion. State and local laws may specify additional protected classes based on categories such as sexual orientation. Employers must abide by anti-discrimination laws at each stage of the hiring process, from placing the ad to interviewing and the final selection of the candidate. There are few exceptions to these rules, but an employer may discriminate on some bases if a bona fide occupational qualification (BFOQ) exists. A BFOQ can be based on a reasonable and necessary job requirement, but this is a narrow exception. If you are concerned about discrimination in hiring, contact Robaina & Kresin, PLLC in Phoenix, Arizona, to discuss your situation.

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.

Hiring Process

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.

Conclusion

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, Robaina & Kresin, PLLC in Phoenix, Arizona, can help.

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.

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