FAQ

Are you considered employed if you accept a job offer?

Are you considered employed if you accept a job offer?

Yes. Technically, anyone can turn down a job offer, back out of a job already started, or renege on an acceptance at any point. Most states operate with what is called “at will employment.” This means the employee and the employer are not in a binding contract. However, there is a caveat to this.

Am I employed if I haven’t signed a contract?

It’s perfectly okay to ask any employee to sign a contract of employment later if the contract was never signed when they started working with you. But to protect your position, do make sure you put a note of this on the personnel file – and make sure that the employee has a copy of the signed contract.

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How long is a new hire considered new?

Federal law mandates that New Hires be reported within 20 days of the date of hire. However, states are given the option of establishing reporting time frames that may be shorter than 20 days.

At what point are you considered employed?

People are considered employed if they did any work at all for pay or profit during the survey reference week. This includes all part-time and temporary work, as well as regular full-time, year-round employment.

What constitutes being hired?

An individual is considered a “newly hired employee” on the first day he or she performs wage earning services. Someone who is offered and accepts a job but never reports for work should not be reported as a new hire.

Do employers report new hires?

All California employers must report all of their new or rehired employees who work in California to the New Employee Registry within 20 days of their start-of-work date, which is the first day of work. Any employee that is rehired after a separation of at least 60 consecutive days must also be reported within 20 days.

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Can an employee work without an I-9?

The Fair Labor Standards Act (FLSA) requires employers to pay an employee who performs work, even if the employee is found to be unauthorized to work in the U.S. or quits employment prior to completing the I-9 form. Employers may complete an I-9 form as soon as an offer of employment is made and accepted.