When it comes to getting a job, the prospective employee probably sees the whole hiring process as a simple matter. The company collects resumes, interviews candidates, whittles down those candidates, and then eventually makes their decision as to who gets the job. Simple, right?
But there is so much more going on behind the scenes than just that seemingly-simple description. There are many legal hurdles that must be jumped over and there are plenty of issues that can arise during the hiring process that could cause an employer some serious headaches.
For example, consider the whole process on a macro scale. The whole process is ripe for an employment discrimination if the employer doesn't go about the process that correct way. In addition, there could be other perceived biases on the part of the candidates which could lead to legal trouble down the road.
At the same time, classifying employees is a major part of the hiring process. Is the job a contractor position, or does the role make the individual an official employee of the company? What about the hours? Is it a part-time job, a seasonal job, or a full-time job?
There are a lot of things that the employer has to contend with during the hiring process, and we've only covered a few of the potential factors that go into hiring an individual to work at your company. Companies that are going through the hiring process or have run into legal issues with the hiring process need to consult with an attorney to ensure these issues are being dealt with appropriately.
Source: FindLaw, "Hiring Process," Accessed March 25, 2015