Naperville Business Lawyer Discusses Common Hiring Mistakes

hiring, Naperville business lawyerAs business law attorney and a small business owner, I understand the importance of hiring the right people. A business can only be successful when its team of employees are all pulling in the same direction. Hiring employees, however, 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. Fortunately, there are some things you can do to protect your business from an employment-related lawsuit. When you are recruiting and hiring, it is important to avoid:

Placing Job Ads with Discriminatory Language

Federal and state laws prohibit discriminatory language in the job postings of Illinois 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 pertaining to age, marital status, pregnancy, disability, religious affiliation, or sexual orientation. You also cannot ask an employee if they have children, if they are pregnant, or if they are planning to get pregnant.

Performing Overreaching Background Checks

Illinois 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 a Business Law Attorney

If you have questions about hiring employees without putting your business at risk, contact an experienced Naperville business law attorney. Our team is dedicated to helping you ensure long-term stability and profitability for your company. We will examine your current hiring practices to ensure compliance and advise you on how to protect your company from future litigation. Call 630-756-1160 for a confidential consultation today.



Equal Employment Opportunity Commission