Job Advertisements Can Reduce Your Risk of Employment Litigation

Very often, avoiding employee litigation starts with avoiding recruiting the wrong type of people. You need to have strong policies in place for the recruitment and hiring process, and must use personality and screening tests to ensure that the employee you hire is a perfect fit for your organization. That strong recruitment process needs to kick in right at the time that you place a job advertisement.

Your job advertisement must be worded appropriately. In fact, you can begin the process of litigation-proofing your workplace at the time of placing the advertisement. Make sure that you use a strong, well-written, and clear job description that clearly informs an applicant about what you are looking for. That helps to ensure the kind of people who show up for the interview, are those that you could consider employing.

Don’t promise the moon in your job description if you cannot deliver. Promises of weekly bonuses and vacation time can be held against you later. It’s best to avoid making such promises altogether in your job description. If you don’t plan to increase your pay every six months, don’t claim that you will do so in your job prescription. Avoid any kind of misleading information.

Avoid mention of age, gender, race, and national origin to avoid any kind of litigation problems later. You might make a major error without even realizing it. For instance, asking for “recent college graduates” could be construed as discrimination against the elderly. Also avoid using terminology that describes a person’s physical appearance. Instead, focus on the duties that the person will be expected to perform. Your job advertisement must be worded appropriately to ensure that anyone can apply for the job if they meet certain criteria. For instance, if you plan to allow candidates to apply over the Internet, you could face charges of discrimination because low-income minority applicants may not be able to access the Internet easily to apply online. If you anticipate or already face employment litigation, review your options with the best Irvine labor lawyer who can suggest your wisest course of action.

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