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Plain English Guide to Hiring
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- Union Requirements
- Right to Work states secure the right of employees to decide for themselves whether or not to join or financially support a union, and makes it illegal for unions to require membership as a condition of employment. In non-Right to Work states, employees may be required to join unions in order to retain employment at some companies regardless of opposing political views or religious beliefs. If unions have or are forming in your business, find out what the law is in your state.
- Reference Checks
- When called for reference checks, employers are generally expected to reveal only the employees' date of hire, date of termination, and job title; they are prohibited from giving confidential information. If the applicant signs a waiver and hold harmless agreement as a condition for applying for employment, the employer may feel more comfortable specifying additional information specified by the agreement.
- Credit Checks
- To obtain a credit report on an employee or prospective employee, the employer must provide clear and conspicuous written notice that a credit report may be requested and obtain written consent from the applicant or employee.
- Background Checks
- Employers generally have the right to access arrest and conviction records that are public information, but whether employers can use such information for hiring decisions varies from state to state. Some states allow employers to discriminate based on criminal convictions, but not arrests. Other states apply varying rules depending on the position or industry being applied for.
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