The Employer Conversation to Have: Can a Potential Hire Do the Job?

There are two kinds of conversation to have when hiring as a small business owner. The first is the kind of conversation that involves the type of person one is hiring and whether they are a good fit. How does an owner separate a good fit from a bad fit or, more importantly, a good fit over an amazing fit?

The second conversation involves something a little less interesting but nearly as important, if not more so. The conversation involves the legal details of who is being hired and their legal ability to work. This involves removing all the emotions out of the matter (for the time being). Can this person do the job- literally?

Right to Work and Right to a Contract

An employee has the right to work and they have the right to a contract. These rights work both ways. An employee has a responsibility to offer a contract that is fair and reasonable. It should be authorized by a lawyer as to avoid any potential pitfalls. For example, there are things a contract can’t do despite being in a contract. Specifically, a contract can’t force an employee to do 90 hours a week. There are work limits that get in the way.


Health and safety concerns on the part of the employer are always worth noting. An employer has a special obligation to keep their work place safe. This is obviously something worth taking note of, and especially so when other people are involved. If an employer gets hurt, the ramifications can be as bad as n injury and an insurance claim, at most (excluding some dramatic examples). If an employee gets hurt, the ramifications could mean the end of the business entirely. It could mean a lawsuit. It could mean massive fees or even jail time. If the job site was not up to par, the ramifications could be extraordinary.

Are these things good? Maybe. Maybe not. They could hold small business owners back. They could be completely justified. But, it doesn’t matter. Health and safety codes are present and they need to be understood and followed. Despite any political opinions on the matter, they exist. Visit for more on right to work and hiring.