This script was developed from Dr. William S. Swan, Interview Guide; Mary Rudder and Dale P. King, "Interviewing and the ADA: How Do You Get Beyond Strengths and Weaknesses," Americans with Disabilities Act Forum on the Progress of Implementation, Washington, D.C., January 25, 1993. These guidelines apply to all interviews. You can use — or eliminate — any of these questions, but be careful about adding any that aren't business related.

When you attempt to check references supplied by a potential employee, you may find that many people and institutions will ask for a release before providing information. They are reasonably try to protect themselves from any potential liability for disclosing information regarding a person who doesn't want the information made known. To that end, the attached file contains a sample information release form that you should have signed by prospective employees. The purpose of the authorization is to let former employers, educational institutions, and personal references know that the applicant about whom you are seeking information has consented to its release to you.

The decision to dismiss an employee, for whatever reason, can frequently be a difficult and uncomfortable one. And there are always some risks-for example, the employee could sue you for unlawful discharge. Generally speaking, you can significantly reduce this risk if you can show that you fired an employee for proper business reasons and that you acted in good faith during the termination process.

When an employee leaves your business, it is always a good idea to ask for a general release relating to the employee's termination. Obviously, an employee leaving on good terms is more likely to sign such a release than an employee who is unhappy about the circumstances surrounding the termination. However, it doesn't hurt to ask, and the results may surprise you. Remember to observe the timing considerations outlined in the document so that the release is valid if the ex-employee chooses to sign it. While the release won't prevent an employee from suing, it can go a long way in preventing him or her from winning.

When an employee leaves, it is best to come to an explicit agreement regarding what information relating to the ex-employee you will disclose, and to whom it can be disclosed. Obviously, you want to be protected from any claims that your comments cost the employee a chance at a new job. At the same time, you don't want to be put in a situation where you are uncomfortable with the information that you feel you have to provide. Remember that, as an employer, you may establish any policy that you wish. You can decide to never furnish references, or to verify only the fact and dates of employment. You can also condition the furnishing of references on obtaining a release from the former employee.

An employer has the right to expect his or her employees to conform to a reasonable standard of conduct. Employees who act in an inappropriate or unreasonable manner can damage your business by creating unhappy coworkers or, even worse, unhappy customers or clients. While you might feel that it should be obvious what is appropriate and what is not, it is very risky to assume every employee will share your views. One of the best ways to make it clear what you expect is to have a set of general work rules.

The attached file contains two documents designed to help you keep track of your employees' time worked. These forms, when completed by your employees, will not only help you calculate their hours worked and regular pay rates, but can become part of your payroll records to show how you arrived at your employees regular rates of pay and overtime pay, if applicable. You may choose to use only one of the forms, but you can use both--use whichever method works best for you.

For an increasing number of businesses, telecommuting has proved to be beneficial to both employer and employee. When the needs of the business do not require workers to be physically present in order to perform their work, or where the availability of sufficient suitable space is otherwise a problem, telecommuting might be the answer. However, there are a few conditions that must be met if a telecommuting arrangement is going to work out.

Smoking is a hot issue in society today, and you as an employer need to make your stance on smoking in the workplace clear. In fact, some states have laws that require you to have a written smoking policy, to post that policy, and to designate certain areas as either smoking or nonsmoking areas. This customizable policy will help you communicate your rules on smoking to your employees and can help you comply with state law all at the same time. When customizing the policy for your use, be sure to consult your state's laws to see what requirements you may be subject to regarding smoking/no smoking areas, in particular.

Sexual harassment can present serious problems for a business owner. In addition to creating tension in the workplace and potential friction between employees, it can significantly cost you if an employee decides you haven't done enough to prevent it. Your first line of defense against sexual harassment occurring in your workplace is to have a clearly stated policy. The attached file contains two sample sexual harassment policies, different in tone but both designed to include all the essential elements of such a policy and to clearly spell that you take this issue seriously and that the consequences of engaging in inappropriate behavior can be severe. You can edit or combine policies to quickly customize one for your company. Also included in the file are sample guidelines for investigating complaints of sexual harassment. These guidelines are designed to help you handle a complaint but generally don't need to be shared with employees.

No matter how careful you are when you hire new employees, chances are that, at some point, you will have to respond to unacceptable types of conduct on the job. The attached file contains six documents designed to help you in that sometimes uncomfortable situation.

When an employee leaves your business, is he or she taking things along that you would rather not give up? Is the employee going to open up in competition with you, or try to steal your customers, or employ secret processes that are a source of your competitive advantage? Obviously, no employer wants to lose an employee under those circumstances.

Most businesses are highly dependent on the telephone, and few could even exist without one or more phone lines. Controlling the cost of phone usage can, therefore, be extremely important. One key concern of employers is the unauthorized use of telephones by employees for personal purposes. A few local calls now and then may not be a problem, but charges for personal long distance calls can quickly add up. One way to control that problem is to examine the phone bill each month in order to identify non-business calls.

When you are required to take disciplinary action against an employee, it is essential to create and keep a good record of what steps have been taken. A good record will contain: details of the incident or conduct that led to the disciplinary action, the objective circumstances surrounding your meeting with the employee, and what you communicated regarding your expectations about the employee's future conduct.

Employee morale problems can be the result of any number of workplace problems. If employees don't like a particular supervisor, or feel that their work isn't appreciated, results will suffer. Getting to the root of the problem is sometimes a challenge. In many instances, the only way to get at it is to ask your employees to tell you. This can be a difficult situation for you and for them. On the one hand, you can gain valuable information about how to increase your employees' job satisfaction. On the other, you might have to face the fact that something that you do is a source of problems. An employee is faced with similar concerns. Should they offer honest criticism and risk retaliation, or keep silent?

In some small businesses, the work that is being done is high risk or dangerous enough to warrant drug testing, either at the time of hire, during employment, or both. If your business falls into the category of those that drug tests employees, you should have a written policy that explains how drug testing works and what employees can expect. Some businesses, however, don't need to drug test employees. Nevertheless, you may still want to have a statement to give to employees that addresses your policy on drug use, coming to work under the influence of drugs and/or alcohol, and the use of prescription drugs in the workplace.

One of the many benefits that banks and other financial institutions will offer in an effort to get your business is the electronic transfer of payroll funds to accounts designated by your employees. This can save you time and effort by reducing the need to manually prepare and issue checks. The attached file contains a form that may be used to gather information from your employees that is needed to establish an electronic funds transfer program.

Many business owners find it difficult to provide feedback to an employee who isn't performing quite as well as expected. It is frequently difficult to stay focused on providing constructive criticism that, hopefully, will lead the employee to improve. There might be a temptation to avoid putting yourself in a potentially confrontational situation. But face it, a poor employee isn't going to get better unless he or she is made aware that there is a need to improve. By concentrating on the desired results rather than the employee's perceived shortcomings, you can improve the chances of a positive outcome.

Every business owner should be prepared for the day when an employee may be injured in a work-related accident. No matter how safe you try to make the workplace, no matter how careful you are in hiring people, accidents sometimes just plain happen. What you do immediately following the accident takes on added significance when you own the business. The normal human responses, such as getting immediate medical assistance, must be augmented by actions designed to protect your business. The actions you take, or neglect to take, can prove critical to your financial future. Taking the time to do the right things, and to document that you have done so, is some of the most effective insurance you can get.

While any business operates best when all employees are present, employee absence and tardiness create more of a problem in some businesses than in others. With this in mind, we've designed two different sample absence policies, contained in the attached file. The first is very strict and is designed for businesses where both the presence and the promptness of employees are crucial, such as businesses with assembly-line production work. The second policy is less strict and is designed for businesses where performance is not dependent on adhering to a strict schedule, such as businesses that employ outside sales representatives.

A simplified employee pension plan is usually one of the easiest and least expensive ways for a small employer to provide employees with a retirement plan. Although a SEP is generally regarded as one of the simplest forms of retirement plans, it is still subject to complex — and sometimes confusing — regulations. A small business owner is faced with a surprising number of obligations regarding contributions, tax deductions, recordkeeping, employee notification, etc.

Although profit-sharing retirement plans are a popular means of providing retirement income and a key factor in attracting and keeping high quality employees, they are subject to complicated regulations regarding who can participate and how much can be contributed. The sample plan in the attached file illustrates the essential elements of a profit-sharing plan. You can use it as a starting point in evaluating whether to offer such a plan and in familiarizing yourself with the issues, thus saving time and money when consulting an attorney or other professional regarding the creation and administration of a plan.

You may want to monitor your employee's e-mail and business phone calls because you want to preserve the sensitive nature of the work your business does or because employees deal with customers and you want to make sure they are treating customers well. Before you actually do any such monitoring, be sure to consult with your attorney — this area of employment law is highly controversial and complex. If you intend to monitor employees' business calls or their e-mail, you should absolutely have a policy that tells employees up front what will be monitored and what won't. Our sample policy can help you set up a legally compliant program to monitor these employee communications.

Complying with federal wage and hour laws can be difficult, and the penalty for failing to follow the rules can be harsh. The area that causes employers the most difficulty is probably overtime pay. To figure out when an employee is eligible for an increased rate of pay because of overtime, you can't merely count hours; you also need to define what "ordinary" pay consists of and how it should be treated — often a very complicated task.

In the absence of a personal time-off policy, when has an employee called in sick enough times to justify dismissal? How many days off are appropriate when a family member is sick or dies? Do you have any choice about paying an employee who is on a jury or spending two weeks at reserve training? While it is possible to deal with each situation as it arises, a consistent and clearly communicated policy can make your life a lot easier. Employees will know what to expect and you won't be faced with making policy decisions each time a situation arises.