Hiring New Employees: Protecting AND Growing Your Business
After a grueling search over resumes, countless interviews, and internal discussion you finally landed the perfect new addition to your company. There is not a better feeling than finding that new addition who you feel will work wonders for the business. Now that you have the best person and they have accepted your offer, it’s time to get them to sign on the dotted lines.
Once in the hiring process, several issues of paperwork arise. The first is all of the government forms that deal with identity and taxes. Your company may provide some sort of benefits package which requires the new employee to choose between different packages. There are also some other documents you most certainly will want your new employee to sign to avoid future liability and protect the company.
The best way to protect your company down the line from liability is to clearly define the relationship between the employee and the employer. Is the new employee signing a contract for a period of time? Is the new employee an at-will employee? Is the new employee an independent contractor? Clearly-defined language in the job offer or contract is essential to protecting the business from future claims.
NC is an at-will state which means an employee can be terminated at any time. Clearly stating this in writing and orally to the new employee can go a long way to understanding the relationship. This can also protect the company because an employee cannot claim they were promised any specific period of employment.
Nondisclosure agreements, or NDAs, are a great tool to protect company secrets, intellectual property, customer lists, and any other information you want to keep confidential. To ensure that the company is protected, be sure to cover anything that could be deemed confidential or could harm the company if the employee was to take the information elsewhere. Also, clearly outline penalties for breaking the agreement to deter the actions of former or current employees from breaking such agreements.
If you need help assembling agreements or processes for your business, you can start here.
Issues can often arise when it comes to paying overtime. It is important to be precise and clearly state how much the employee will work each week. It is also a good idea to state that if you wish to avoid overtime include language that states that the employee will work a 40 hour week maximum. If overtime is a possibility state that the employee can receive overtime only when it is approved or offered. This type of language clearly limits the employee from stating lack of overtime pay and protects the company by showing that overtime is only available when offered or approved.
It is important that you make sure you have all your bases covered in order to protect your business. Our attorneys are experienced in employment law and can review your new employee paperwork to ensure its legality.