Good morning!

Welcome to a new year – 2005 – always an opportunity for a fresh start in our personal and professional lives.

Last year at this time I found myself advising you to protect your primary personal asset – your home – with a simple form and an even simpler filing. Many of my readers during the year have told me that they listened and, even more impressive, acted …filing their Homestead Declaration protecting $500,000 of the equity in their homes.

This month, let’s talk about protecting your primary business asset – your company – from costly mistakes too easily made during the process of interviewing potential new employees for your company.

I look forward to seeing you at the SBANE breakfast on January 20, 2005 at the Newton Marriott and to hearing our breakfast speaker, a newly-minted successful entrepreneur, tell the story of her growth … from day one … bumps and bruises along the way included!

See you over coffee!

My friend Betsy and I were chatting recently at an SBANE monthly breakfast, picking each other's brains on current issues in our respective businesses. Betsy runs a successful sales and marketing recruitment firm on the North Shore. We were talking about job candidate interviewing.

Small business owners are besieged by a mountain of state and Federal laws, rules and regulations when it comes to employees, starting before they even become employees. And while most of us know the obvious questions not to ask (or to ask with care and caution) . . .age, race, religion, criminal record . . .where exactly is the line? At what point does "casual conversation" intersect with pre-employment interview questioning?

Here are four "do not ask" questions that you may not have considered:

1. "Where were you born?"
   
   Seems innocuous enough, right? However, since the question would undoubtedly elicit an answer which identifies the candidate by national original - a "member of a protected category" - it might lead a candidate to believe he or she had been denied a job due to his or her national origin, which constitutes discrimination in employment.
   
   Here's a better way to address your need for certain information: "Are you legally authorized to work in the United States?"




2. Do you have kids?"
   
   While perfectly acceptable at a dinner party, this "getting to know you" question is also one to stay away from in an interview. Even if it seems obvious to you that a job requiring long hours or extensive travel could be a burden on a parent, it's not your place to make the connection.
   
   Instead, if you need to be sure a job applicant is up to the demands of the position, ask specific questions regarding that position . . .Are you able to travel? . . .Work late on a regular basis? . . .Work weekends? These are legitimate questions and should be enough of a red flag to any applicant (regardless of family status) before the hiring process proceeds further.




3. "What year did you graduate from college?"
   
   Whether or not your intention, the answer to this question often reveals an applicant's age, and as such, cannot be asked.
   
   If you want or need to know the applicant's educational background, ask just that. . ."What college did you attend? Did you graduate?"




4. "Do you have any job-related disabilities that would prevent you from doing the job?"
   
   Nowadays, this is a real minefield (particularly for small business owners without HR personnel on staff), and comes under the category of "handle with extreme care." Employers need to balance a legitimate need to know whether or not the applicant can satisfactorily perform the requirements of the job with the legitimate right of applicants with a variety of disabilities to work - it's as simple and as complicated as that.
   
   And, since not all disabilities are immediately obvious to the interviewing employer, there is a temptation to short-circuit the process and ask this question. Under today's current laws, it's prohibited.
   
   Instead, try "Can you perform all of these specific tasks required for the job?" Or, "Can you meet the job attendance requirements?" (And of course, if you're going to ask, make sure you ask all candidates, not just those who have a visible disability.)

Egad, now they are telemarketing to our cell phones! Is nothing private anymore? (Answer: No!) However, there is an answer for this annoying marketing onslaught and it's an easy one: Call 1-888-382-1222 from your cell phone and register that number for a cell phone Do Not Call Registry.

Like to do things online? Visit www.donotcall.gov and register. Now this is a tip worth acting on!

Widett and McCarthy helps small business owners start, grow, acquire and sell their businesses.

We serve as "in-house counsel" . . . on-call when needed, but not part of the company overhead. Our best clients understand that the relationship between lawyer and client is a two-way street, built on information sharing and problem solving.

For more information regarding
how we can help you, click here.

• IssueSource.org
• MCAD
• SBANE
• US SBA Office of Advocacy
• WSJ Center for Entrepreneurs
• The Kaufman Foundation