Findlaw for Small Business
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, Jul. 20, 2008

If you aren't careful, what you tell applicants in a job interview can get you into trouble.

When hiring new employees, be careful what you say. If you make promises you can't keep, they may come back to haunt you later.

One of the most common mistakes that employers make when recruiting new employees is to exaggerate a little bit (or a lot) about the prospects of the business ("we're expanding like wild fire -- those stock options will be worth millions in no time!") or about the security of the job ("we never fire anybody; if you do a good job, you'll have a job for life!"), among other things. In trying to sell the applicant on the job, the employer embellishes a bit. No harm in that, right?

Wrong. If you tell a prospective employee something about a job, you'd better mean it. If an employee takes the job in part because of what you told him, then that same employee can turn around and sue you if that promise doesn't come true. This is because courts will sometimes deem promises that you make to be implied contracts. In such a situation, if you break the promise, you break the contract, which makes you liable to the employee for money damages.

Some common promise pitfalls to watch out for are:

The best way to steer clear of this promises problem is to treat prospective employees with honesty and respect. They are trying to find out whether the job is best for their lives, and they deserve to know the truth.

Not only will this strategy keep you out of trouble, it will increase your chances of finding an employee who is a good fit for the job and for your business. No one wants a disgruntled employee working for them. If you've told the applicant the truth, and if the applicant still wants the job, then chances are you've found a good fit.