Hiring a new employee can be tricky business. One West Coast shop owner found that out recently when within two days he suddenly found himself down three technicians. Before he could even get a 'help wanted' ad place, a man came in looking for work. 

You can guess at least some of what followed. The guy seemed good on paper - and best of all, he could start right away.

"So I hired him that day," the shop owner said. "No drug test, no background check, no calls to references. I'd always done all that stuff in the past, but I needed someone right away, so I didn't take the time."

Within five days, the new hire was gone, but not before he'd done some poor quality repairs, backed his own car into a customer car in the parking lot, physically threatened another employee, and claimed he'd hurt his back on the job.

The shop owner's story is important because he made mistakes in the hiring process that nearly every business owner has made from time to time.

"It was all so avoidable," he said. "If I'd called one or two of his references, I could have found out that none of them were happy with him by the end. If I'd checked his driving record or police record I would have found out things that would've kept me from hiring him. I don't even want to know what I would've found if I'd drug tested him."

Business attorneys and veteran shop owners say that while taking the following steps won't guarantee a perfect hire every time, it can minimize your chances for a bad hire and the very real costs that can have for your business.

One important note: Employment law varies by state. So always consult with an attorney on all actual legal matters.

Prepare good descriptions

Hiring decisions should be based on how well an applicant's skills and abilities meet the skills and abilities required for the job. That's why having a job description prepared before you start to hire can help avoid problems. A good job description will describe the duties and responsibilities in specific terms so that both you and job applicants understand the 'what and how' of the position.

Remember that the Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job. A complete and accurate job description will describe these essential functions - the duties that are fundamental to the job. But in order to use a job description as a defense to an ADA claim, the job description has to exist before interviewing applicants or advertising for a position.

California employment law attorney Cory King adds that employers can help protect themselves against ADA claims by making sure job descriptions include such "intangible job functions" as the abilities to: appear for work on time, follow directions from supervisors, interact successfully with co-workers, understand and follow posted work rules and procedures, and accept constructive criticism.

Use a good application

If you're using a standard job application form from an office supply store, it may not be complying with current law and it certainly won't be getting you the helpful information you'd like about an applicant that is specific to the recycling industry. It would probably be worth your time to create an application form for your company - or review your form if it's been a while since it was updated.

Remember that your form can't ask about marital status, age or date of birth, citizenship, religion, national origin, military record, workers' compensation claim history, height or weight, disabilities or number of dependents.

It should, however, include an authorization to verify education and experience information; a statement of company policy to discharge or disqualify employees who falsify application information; and a statement that an offer of employment can be rescinded based on the results of physical exams, drug tests or other types of pre-employment tests.

Don't accept resumes in lieu of an application. Application forms are considered legal documents but resumes are not.