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Help! How Can I Hire My First Employee?

Posted by Jonathan Krems | Dec 06, 2021 | 0 Comments

In today's Freedom Friday blog and email newsletter, I want to discuss an issue that came up in a consultation I was having with a prospective client this week.  I was meeting with a growing small business owner, and he was asking about possibly hiring his first employee.  So, in today's Freedom Friday blog and email newsletter, I am going to answer the question, “Help!  How Can I Hire My First Employee?”  Many small business owners start out just doing everything in their business themselves.  However, their small business grows to a certain point where they desire to hire an employee.

Before I explore this topic further, I want to give a word of caution, and this came up as well in my prospective client meeting this past week.  If you hire someone, and they are a 1099 contractor, they are an independent contractor, NOT an employee.  There is no such thing as a “1099 employee.”  As a small business owner, you either hire someone as an independent contractor, and give them a 1099 for tax purposes, or you hire them as an employee, and give them a W-2 for tax purposes.

Here are three (3) strategies to successfully hire your first employee:

1.  Create a Job Description

Before you hire your first employee, or even an independent contractor, you need to create a job description for the position.  If you don't have a written job description, now is the time create one, before you hire someone to fill the job.  List all the duties and the responsibilities for this position.  Consider all the aspects of the job, and make sure to include those, as well.  The more detail you put in the job description, the better.  Remember, employers are not allowed to do any preferential hiring based on gender, age, race, or other attributes.  You can't be looking for a “young go-getter,” but you can certainly be looking for a “hard-working go-getter.”

2.  Consider Advertising and/or Create an Application Form

The second strategy to successfully hire your first employee is to consider advertising and/or create an application form.  Many small business owners post job positions on Craigslist, Indeed, or similar platforms.  As a small business owner, you will want to include the job description in the advertisement for the position.  Here is a pro tip: If you are looking for someone detail-oriented, make sure they read your entire advertisement by asking them to submit something specific, e.g. their favorite flavor of ice cream, as part of their cover letter or application.  In this stage, you also want to create an application form, if that is applicable to your industry.  If you use an application form, you may wish to consult with an attorney to make sure it is legally compliant.  Here at Liberty Legal Solutions, LLC, we will review a one-page application form for a flat $100.00 fee.  Having an attorney review your application form will help ensure you're not asking applicants inappropriate questions.

3.  Preparing for the Interview

As a small business owner, you need prepare your interview questions in advance.  Those questions should be designed with the job in mind. Your goal should be to evaluate each job candidate and their qualifications for the job, and to see if the candidate is a good fit for you and your small business.  You should write out your interview questions in advance and ask open-ended questions which allow you to follow up when it is appropriate to do so.  It is also a good idea to take notes while you are interviewing a candidate, especially if you are interviewing multiple candidates for the position.

If you are interested in starting a small business anywhere in Oklahoma, or you are interested in taking your small business to the next level, please contact me at [email protected] to schedule a FREE strategy session.

For more information about Liberty Legal Solutions, LLC, please visit our website at http://www.libertylegalok.com/

About the Author

Jonathan Krems

Jonathan is the Founder and Managing Attorney of Liberty Legal Solutions, LLC, a law firm dedicated to building, protecting, and defending the business and personal interests of our clients in Oklahoma.  Jonathan's primary practice areas are business law, contracts and agreements, business liti...

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