10 Essential Tips For Hiring Employees In Minnesota

Here are 10 essential tips for hiring new employees in Minnesota:

  1. Consider interview questions carefully to ensure compliance with applicable laws.
  2. For example, don’t ask about any categories protected by the Minnesota Human Rights Act.
  3. And because of the ban-the-box law, don’t ask about the applicant’s criminal background until the applicant has been selected for an interview or a conditional offer of employment has been made.
  4. If you run a background check on the employee, comply with the Fair Credit Reporting Act and Minnesota’s background check law.
  5. If the employee has a criminal background, follow the EEOC guidance for arrest and conviction records.
  6. To avoid a claim for tortious interference with contract, make sure the employee does not have a non-compete agreement that prohibits the employment.
  7. Memorialize the terms of the employment in a written offer letter or agreement that complies with Minnesota’s statutory requirements.
  8. To preserve the employee’s at-will status, include a magic at-will employment disclaimer in the offer letter or agreement.
  9. Verify the new employee’s eligibility for employment with a Form I-9 to avoid violating the Immigration Reform and Control Act.
  10. Report the new hire to Minnesota New Hire Reporting Center within 20 calendar days of the date of hiring.

Takeaway:  This list is by no means exhaustive, but it’s a good start.  Click on the links above for more information about any of the recommendations.

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on June 10, 2014, in Hiring and tagged . Bookmark the permalink. Leave a comment.

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