Instead of arranging an unpaid job interview or trying to designate someone as an independent contractor if they don`t meet these requirements, hire them and use a “Getting Familiared” period to assess whether a new employee is a long-term fit for your practice (90 days is often a good time). Work interviews can be useful elements of the application process. During such an “interview”, the candidate gets a real job. You can see how the candidate performs real tasks and gets an idea of how he or she relates to your collaborators. While job interviews, as they are often conducted, can make your business vulnerable to fines, fees, penalties, and potential litigation, there are a number of options available to employers that allow them to legally assess their candidates. The reason why the “loophole” of the Temporary Employment Agency makes it legal to conduct job interviews is that candidates are actually employed by the temporary employment agency when they are so obtained. So, what is the difference between a work interview with a temporary employment agency and your work interview? To put it simply, the candidate is employed by the temp agency. The temporary employment agency fulfills all the obligations of the employer, as it engages the candidates and continues to work on you. The IRS and DOL are satisfied because the new recruitment files are completed and all taxes incurred are withheld, cross-checked and paid. Since candidates who conduct job interviews must be paid for all hours worked, they must complete all relevant work documents such as a W-4 and I-9 and the employer must pay all applicable payroll taxes.
It is also important for employers who use work interviews to be aware that applicants can legally receive unemployment benefits (if they are not recruited later) or work allowances (if they are injured during the interview). Candidates are technically “collaborators” in work interviews, even if they work for a short period of time and on a trial basis. However, if you have a job interview yourself, none of the employer`s obligations are fulfilled, which violates a large number of labor and tax laws. Sure, you want to see the candidate`s skills and fit during the job interview, but it`s also their opportunity to make sure your company and work are a good fit for them. Question: I am looking for a receptionist and have chosen a likely candidate. A colleague suggested that I have a “work interview” with him. It sounded like a good idea. Do I have to pay him for the work? Tell them how long the job interview should last and when they will be informed of a recruitment decision. Give yourself the opportunity to reflect on the interview and talk to others before making a decision and notifying the candidate. Consider the process of hiring a cook: If you`re a restaurant manager who hires someone to run your kitchen, it`s helpful to see them in action and try their work. That`s why “work interviews” are common in so many industries, from catering to dentistry. .