When the topic of employment law comes up, the natural tendency is to think of people that are already employed being discriminated against, sexually harassed, neglected financially, and wrongfully terminated. What many people won't consider is that a prospective employee -- a job candidate -- has rights too under the legal umbrella of employment law. The hiring process is a critical time for both the company and the people who want the job. So today, let's talk about this critical process.
The hiring process is fraught with peril for the company. One of the perils is the questions they ask during interviews. Certain topics area completely off limits, and if they violate these limits, they could be held accountable by a candidate for the open position. As examples, a company can't ask about a candidate's desire to get married or have children; they can't inquire about the candidate's race, religion, or sexual preference; or their age, disability status, or citizenship status.
Another peril is the background information that has to be gathered or established for a prospective employee. The company must establish a federal employee ID number for any new hire; they have to set the new employee up with the benefits promised and they must assist them with this process; and they need to go about the background check properly and compliantly.
And, of course, the employer can't make promises they can't keep. If they make a verbal or written indication that you have been hired only for that promise to be broken, they have violated your rights as a job candidate.