Nonprofit Guide to Employment Law Issues in Texas * XXX

Hiring Checklist

The following are recommended steps for an employer to follow when hiring a new employee. Not all of these steps are required, but by following each of these steps, an employer reduces risk and exposure to liability.

Job Opening....

 Create job description with essential functions

  Job advertisement, including prominent statement "We are an Equal Opportunity Employer" prepared and distributed [Note: required for government contractors; good for everybody]

  If Government Contractor, post with State Employment Service

 Applications completed and submitted to employer

 Review applications

 Identify candidates who meet minimum qualifications

 Schedule interview for best qualified candidates

 Prepare interview questions

Conduct interviews, preferably with more than one interviewer

 Obtain a signed information release from applicant

 Obtain a signed driving record release from applicant (if applicable)

 Optional: Criminal Background Check (Employers who perform a criminal background check need to have an established policy and procedure on how they will handle the criminal information. The necessity of this check depends on the type of work your employees and volunteers will be performing. Background checks require use of several federally-required forms. Consult the background checking provider or an attorney before commencing the process.)

If Applicant is a good candidate for hire, continue....

 Check employment references

 Call applicant if additional information or clarification needed

 Hold hiring committee meeting to discuss applicants

 Make hiring decision based on job-related factors

Nonprofit Guide to Employment Law Issues in Texas * XXX

If Applicant is offered and accepts position, continue....

 Employment manual distributed to new employee

 Receipt of employment manual form signed and placed in personnel file

 Insurance and benefits information provided to employee

 Employment eligibility documentation obtained from new employee and INS Form 1-9 placed in a file separate from personnel file [Note: required per USCIS]

 Employee withholding IRS Form W-4 signed and placed in personnel file

 Notice of Workers’ Compensation Coverage signed and placed in personnel file

 Social Security number verified (if employee has a Social Security number)

 Emergency exit and safety procedures explained

 Job orientation and training provided

 Key provided

 New Hire report made to State of Texas

If Applicant is not offered a position, continue....

  Send “Thank you, but we had many highly qualified candidates and we cannot offer you a position at this time” letter

  Keep records of applicants and hiring program for two years from the date of the hire or the date the programs ends, whichever is longer.