The New York State employment law becomes very important from the time an employer begins the recruitment process to all the way through until the employee leaves the company. Therefore, if you are a business owner, or in a leadership role, it is critical that you understand the employment law completely. Remember that ignorance is no excuse for violating the law. In addition to information you can get from this article it is important that you visit New York’s Labor Departments website, and consult with a legal professional.
Under New York State employment law, a business owner is not obligated to hire the most qualified individual for any position. However, they are not permitted to violate the state or federal law on discrimination. The laws on discrimination make it illegal to not hire someone based on certain characteristics that are not job related, such as, race, religion, sex, age, national origin, and more. Violating the discrimination laws will end you up in a legal battle quicker than you can say “Judgment for the plaintiff in the amount of $1,000,000!”
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In addition to having no specific rules against hiring an individual except for discriminatory reasons, New York State employment law doesn’t get involved in a business owner’s promotion process either. However, I would consult with a legal employment professional since it is easier than you think to be charged with discrimination. After all anyone over the age of forty falls into the age for age discrimination. As I mentioned earlier about discrimination the average legal settlement for employee law suits begin at around $100,000 and keep going up to over one million dollars.
One of the most prominent violations of discrimination law is race. Unfortunately, it is not only a problem in the United States but also the world. As a business owner it only makes sense to hire the most qualified even if you are not required to. By using a little common sense, one would understand that a company can only stay in business if they are profitable. Now I know that there are some other reasons that you may not want to hire the most qualified, such as the person is arrogant. If you are certain that there, personality is one that just will not mix with your workforce I can understand. But again, be very careful that it is not for a discriminatory reason.
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During the interview process New York State employment law allows an employer is not permitted to ask questions that are not job related. Some of these questions would be like;
On the other hand, New York State employment law permits you to ask if a candidate has been convicted of a crime. You can also ask a candidate if they would be able to carry out the essential functions of the job with or without reasonable accommodations. Of course, you must be able to define what the essential functions of the job are. I can guarantee that this will be the very first question they will ask, unless you have included them in your job description which I strongly recommend.
The key here is that you are only giving true and accurate information…
Finally, according to the New York State employment law, a previous employer is permitted to give information to an employer conducting a reference check on a potential employee. The key here is that you are only giving true and accurate information. It you state that the employee did something wrong you better have good proof to back up your statement. Because of this most employers will limit the information they provide to only dates of employment.
Again, this website is dedicated to providing you with good business information but they are not legal professionals. It is very important that you do your own research. Many good reputable companies provide excellent employee handbook templates that can make it very easy to prepare and product an employee handbook. I would try and limit my search to only those that have been written or developed by an employment attorney.
Thank you and may God bless you!