Here are 10 essential tips for hiring new employees in Minnesota:
- Consider interview questions carefully to ensure compliance with applicable laws.
- For example, don’t ask about any categories protected by the Minnesota Human Rights Act.
- 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.
- If you run a background check on the employee, comply with the Fair Credit Reporting Act and Minnesota’s background check law.
- If the employee has a criminal background, follow the EEOC guidance for arrest and conviction records.
- To avoid a claim for tortious interference with contract, make sure the employee does not have a non-compete agreement that prohibits the employment.
- Memorialize the terms of the employment in a written offer letter or agreement that complies with Minnesota’s statutory requirements.
- To preserve the employee’s at-will status, include a magic at-will employment disclaimer in the offer letter or agreement.
- Verify the new employee’s eligibility for employment with a Form I-9 to avoid violating the Immigration Reform and Control Act.
- 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.