Your Rights When Hiring and Firing of Employees

Most of what you read and hear refers to an employee's rights in the workplace but an employer has legal rights as well. In general, an employer has the right to expect an employee to perform the duties and tasks required of the job in return for payment. But with the frequency of employee lawsuits, it is important that employers know what their legal rights are.

This article contain all the important information you should have regarding Employers Rights Legal Hiring Practices and Your Rights When Firing An Employee.

1. You have the legal right to not hire someone unqualified for the position

You must make sure a person does not have the right combination of qualifications for the job. Further you must prove the person you do hire was the best-suited for the job. You do not have the right to refuse an employee a job based on race, gender, and religion. You also cannot refuse to hire a person because of a disability if they meet the qualifications and their disability will not prevent them from performing the job.

2. You have the legal right to not hire someone with a current drug problem

This is why many employers require a pre-employment drug screening test. However, you may not refuse to hire someone solely based on a prior drug problem which they have overcome. If their addiction is not longer a problem, this is not a valid reason to not hire this qualified individual.

3. You have the right to fire someone whose work performance is unsatisfactory

But like other reasons for termination such as insubordination and poor work habits, you must give the employee feedback, training and chances to improve. For some terminations, you have the legal right to fire immediately. Let me explain. If the employee performs illegal acts, is violent or jeopardizes the safety of other employees, you have the right to fire them right away. Make sure you clearly explain any behavior that is grounds for immediate termination in the employee handbook.

4. You have the legal right to refuse to give a positive reference on termination

Also once you fire an employee, you have the legal right to refuse to give a positive reference. Your safest policy is to only confirm the employee worked for the company and the dates of employment. Make no further comment. An employer's lack of words should be enough. There have been instances where employees are hired under false Social Security numbers. The Social Security Administration may discover this. When they do, they will send a mismatch letter back to you. You can fire the employee for this.

5. You have the legal right to not let that employee return to his or her work area to recover personal belongings

And when you fire an employee, you have the legal right to not let that employee return to his or her work area to recover personal belongings. In this case, you must box up the articles and either put them in a safe place where the employee can later pick them up or mail them to that person. This ensures the safety for not only the employer and but also the remaining employees remaining in the work area. A terminated employee has the potential for doing all sorts of malicious acts.

If you ever have any doubts about your legal rights as an employer, the Employee Termination Guidebook is a valuable reference to have to answer your questions.