Successful hiring and retaining of top-notch employees is often the key factor distinguishing a thriving business from a failing business. Employment represents one of the most important investments of time, training and resources many businesses face. However, as most people know, the hiring process is a highly regulated area of the law. In today’s environment, business owners can ill afford to hire the wrong people or face hiring-related litigation. This article provides general hiring guidelines for business owners who are in a non-union setting.

As a first step, employers should take the time to carefully create an accurate and complete job description which is tailored to the specific nature of the job. The investment of time and effort up front will allow employers to determine pre-screen applicants to determine who should receive a “no thank you” letter, who should receive an informational telephone interview, and who should make the short list and receive an immediate interview. The key to creating an effective job description is to list in a specific fashion the skills, knowledge and experience required for the four to eight most important job functions. The most effective job descriptions contain three elements: the education and experience threshold required for the position; the technical skills necessary to do the work; and the traits and habits required to succeed long-term.

When employers receive applications, whether by traditional methods or through on-line sources, they must comply with the recordkeeping requirements of such laws as the Age Discrimination in Employment Act, Americans with Disabilities Act and Title VII of the 1964 Civil Rights Act, which (among other things) require employers to retain employment applications for one year. This requirement represents a significant burden for firms which receive hundreds or even thousands of applications each year, often from multiple sources. Employers should control the hiring process and discourage employees from posting openings or receiving applications from individual sources such as Facebook. Finally, employers should shut down ads immediately after the position is filled in order to cut off the timeline for legal record-keeping requirements.