I would advise Jonas follow these nine basic steps, including important considerations, as outlined in Chapter 1 of Steingold’s (2015) The Employer’s Legal Handbook:

 

1. Job Description. Write a job description that lists the qualifications (skills, education, experience, and licenses), essential job functions, and nonessential job functions (desirable but not required functions and duties). 

 

2. Job Advertisements. Write a job advertisement that is “short and sweet”, sticking to the job’s basic skills and responsibilities. It is important to consider the wording of the ad, understanding how the wording can be seen as discriminatory. In this case, mid-level graphic designer avoids discriminatory wording but to prevent any further discrimination it may be beneficial to add the following quote at the end of the ad: “ABC Corporation is an equal opportunity employer”.

 

3. Job Application. Develop a standard job application including only job-related information. This information will help Jonas and the hiring manager determine a set of candidates that are best suited for the job. Some questions Jonas should consider including on the application:

 

Name, address, phone number           

Are you legally allowed to work in the United States?

What position are you applying for?

If you are hired, when can you start work?

Educational background and earned degrees

Employment history including names of employers, phone numbers, dates, job title/responsibilities, and the reason for leaving

Other relevant experience to the position applying for

Ability to perform specific job functions

In the job application, avoid asking questions about disabilities prior to extending a job offer. If truly worried about a disability prohibiting someone from performing this specific job, it is okay to ask if the applicant is able to perform a specific job function.

 

4. Interviews. Before conducting the actual interview, write down a set of questions. Make sure all of these questions relate to the job itself and the applicants skills and experience. There are two important aspects to be aware of when interviewing candidates: wrongful answers from the candidate and legal restrictions on questions. Wrongful answers from candidates that Jonas should take note of are revealing previous employers trade secrets as well as complaints about a former er. Legal restrictions to be aware of and questions to avoid include anything related to the applicant’s age, birthplace, ethnicity, or personal finances.

 

5. Skills Test. Because the specificity of the position, it may be necessary (although not required if not financially ideal), to conduct a skills test on the applicant. Asking the applicant to complete a task in the graphic design program that the company uses, may provide a more visual representation of the products that each applicant is capable of producing.

 

6. Investigations. Conduct an investigation to verify application information. As a part of the application process, Jonas should make sure to get signed consent (via separate form) that it is okay for the company to do so. Due to the nature of the “mid-level” graphic designer, it may be essential to make a call to a former employer regarding the applicant’s strengths and weaknesses.

 

7. Job Offer. Once Jonas has completed the interview process, skills tests, and investigations, he must make a decision on who, based solely off of the job duties and candidates skills, is the best fit for the position. To extend the offer, Jonas should produce a written job offer letter with the following components:

 

Title of the position being offered

Date of start

Salary

Employee Handbook

Benefits

At-will employment status and explanation of how this status can be altered at any time.

8. Rejection Letters. As soon as the desired candidate has accepted the position, Jonas should send a rejection letter to those candidates not chosen. This will save Jonas time in the long run as it will limit the number of follow up inquiries about the status of the position.

 

9. Legal Documents. Jonas must make sure several legal documents are completed. Two forms must be completed by the employer (SS-4 Application for Employer Identification Number and the New Hire Reporting Form) and two by the new employee (W-4 Employees Withholding Allowance Certificate and I-9 Employment Eligibility Verification).

 

Reference:

 

 

Steingold, F.S. (2015). The Employer’s Legal Handbook: manager your employees & workplace effectively (12th edition). Berkeley, CA: NOLO.

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