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What to Do When You Hire Your First Employee

Legal Steps for Hiring Your First Employee
14:30

Taking the leap from solopreneur to employer is one of the most significant milestones in your business journey. Hiring your first employee doesn't just mean adding headcount—it represents a fundamental shift in how your business operates and signals confidence in your growth trajectory.

 

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While bringing on your first team member is exciting, it also comes with a maze of legal requirements, financial considerations, and management responsibilities that you haven't had to navigate before. This comprehensive guide will walk you through everything you need to know to make this transition as smooth and successful as possible.

Before You Hire - Preparation

Before posting that job listing, you need to ensure your business is truly ready for an employee. This preparation phase is crucial for setting both you and your future hire up for success.

Determining if you're ready to hire

Ask yourself these critical questions:

  • Are you consistently turning down work or opportunities due to lack of capacity?
  • Have you identified ongoing tasks that someone else could handle more efficiently?
  • Do you have predictable cash flow to support an employee's salary for at least 6-12 months?
  • Are there skills your business needs that you don't possess?

If you answered "yes" to most of these questions, it's likely time to consider hiring.

Understanding the financial commitment

The true cost of an employee extends far beyond their salary. You'll need to budget for:

  • Employer payroll taxes (typically 7.65% for Social Security and Medicare)
  • Workers' compensation insurance
  • Unemployment insurance
  • Any benefits you plan to offer
  • Office space and equipment
  • Training time and resources

As a rule of thumb, expect the total cost to be approximately 1.25-1.4 times the employee's salary.

Creating the legal and financial infrastructure

Before hiring, you'll need to:

  • Obtain an Employer Identification Number (EIN) from the IRS if you don't already have one
  • Register with your state's labor department
  • Set up workers' compensation insurance
  • Establish a payroll system (or select a payroll service)
  • Create an employee handbook outlining policies and procedures
  • Set up a proper accounting system to track employment expenses

Taking care of these fundamentals before you begin interviewing will prevent scrambling later and demonstrate professionalism to your candidate.

 

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The Hiring Process

Finding the right first employee is critical—this person will help shape your company culture and may eventually become a leader as you grow.

Where to find qualified candidates

Consider these channels for your search:

  • Personal and professional networks
  • Industry-specific job boards
  • General job sites like Indeed or LinkedIn
  • Local community colleges or universities
  • Professional associations in your field
  • Social media groups related to your industry

The best candidates often come through referrals, so don't hesitate to let your network know you're hiring.

Creating an effective job listing

Your job posting should clearly communicate:

  • Specific responsibilities and expectations
  • Required skills and experience
  • Company mission and values
  • Compensation range and benefits
  • Growth opportunities
  • Application instructions

Be honest about the realities of working in a small business. The right candidate will be excited about wearing multiple hats and growing with your company.

The interview process

For your first employee, consider a multi-stage interview process:

  1. Initial screening call to assess basic qualifications and interest
  2. In-depth interview focusing on skills and experience
  3. Practical assessment or work sample
  4. Final meeting to discuss logistics and answer any remaining questions

Throughout this process, assess not just their skills but also their fit with your working style and company vision.

 

🗲

Pro Tip – Crafting the Perfect Job Description

A well-crafted job description is your first filter for finding the right candidate. Here's how to create one that attracts top talent:

  • Be specific about daily responsibilities: Rather than vague statements like "support business operations," list actual tasks like "manage client scheduling system and send weekly follow-up emails."
  • Differentiate between requirements and preferences: Clearly mark which qualifications are absolute must-haves versus nice-to-haves to avoid discouraging promising candidates.
  • Highlight growth opportunities: First employees often have significant advancement potential. Outline possible growth trajectories to attract ambitious candidates.
  • Include salary range: Being transparent about compensation saves everyone time and demonstrates integrity.
  • Showcase your company personality: Use language that reflects your company culture. Are you formal and structured or casual and flexible? Let this come through in your writing.
  • Avoid jargon and buzzwords: Terms like "rockstar," "ninja," or "guru" can be off-putting and may discourage qualified candidates from diverse backgrounds.

Remember, your job description is often a candidate's first impression of your company—make it count!

Legal Requirements and Paperwork

Hiring an employee comes with significant legal and administrative responsibilities. Here's what you need to know:

Required tax forms and documentation

For each new hire, you must:

  • Verify employment eligibility with Form I-9
  • Have them complete Form W-4 for tax withholding
  • Report the new hire to your state's reporting agency (deadline varies by state)
  • Maintain personnel files with signed acknowledgments of policies

Employee classification considerations

One critical decision is whether to classify your hire as:

  • W-2 employee: You withhold taxes, provide benefits, and have more control over how work is performed
  • 1099 independent contractor: They handle their own taxes, typically don't receive benefits, and have more autonomy

This classification has significant legal implications. Misclassifying employees as contractors can result in substantial penalties, so consult with a tax professional if you're unsure.

Setting up payroll

You'll need a system to:

  • Calculate regular and overtime pay
  • Withhold the correct taxes
  • Make tax deposits to the appropriate agencies
  • Provide pay stubs
  • Prepare and file quarterly and annual tax forms

Many small businesses use payroll services like Gusto, QuickBooks Payroll, or ADP to handle these requirements.

 

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Understanding employment laws

Even with just one employee, you must comply with:

  • Fair Labor Standards Act (FLSA) regarding minimum wage and overtime
  • Equal Employment Opportunity laws prohibiting discrimination
  • Occupational Safety and Health Act (OSHA) requirements
  • State-specific employment laws, which may be more stringent than federal requirements

 

Example – Small Business Hiring Compliance Checklist

Here's a real-world timeline showing how a small marketing agency prepared to hire their first employee:

60 Days Before Hiring:
  • Applied for EIN through IRS website
  • Researched state-specific employment requirements
  • Consulted with an accountant about payroll options
  • Obtained quotes for workers' compensation insurance
30 Days Before Hiring:
  • Selected and set up payroll software (Gusto)
  • Created employee handbook with help from SCORE mentor
  • Registered with state new hire reporting agency
  • Set up required workplace posters (minimum wage, safety, etc.)
First Week of Employment:
  • Completed I-9 verification on day one (legal requirement)
  • Had employee complete W-4 and state tax withholding forms
  • Added employee to workers' compensation policy
  • Established personnel file with signed policy acknowledgments
Common Pitfalls They Avoided:
  • Waiting until after hiring to research requirements
  • Misclassifying the employee as a contractor
  • Missing deadlines for reporting new hire to state agencies
  • Failing to display required workplace notices

By preparing methodically, they turned what could have been an overwhelming process into a manageable checklist that ensured full compliance.

Onboarding Your First Employee

A thoughtful onboarding process sets the tone for your working relationship and helps your new hire become productive quickly.

Creating an onboarding plan

Develop a structured plan covering:

  • Pre-first day preparations (equipment, accounts, paperwork)
  • First day welcome and orientation
  • First week training and introductions
  • 30/60/90 day expectations and check-ins

Document this plan so you can refine it for future hires.

First day procedures

Make your employee's first day special and productive:

  • Have their workspace fully set up
  • Plan a welcome lunch or coffee
  • Schedule time to review company background and vision
  • Cover essential policies and procedures
  • Provide a clear schedule for the first week

Training considerations

For many small businesses, training is hands-on and personalized:

  • Shadow sessions where they observe you
  • Documentation of key processes
  • Regular check-ins to answer questions
  • Gradual transfer of responsibilities

Be patient and remember that proper training is an investment that pays off through greater productivity and fewer mistakes.

Setting clear expectations

From day one, ensure your employee understands:

  • Performance expectations and how they'll be evaluated
  • Communication preferences and availability
  • Decision-making authority
  • Work hours and flexibility policies
  • How and when feedback will be provided

 

🗲

Pro Tip – Creating an Employee Handbook

Even with just one employee, an employee handbook is invaluable for setting expectations and protecting your business legally. Here's how to create one that works for a small business:

  • Start with templates: Organizations like SCORE and the Small Business Administration offer free templates you can customize.
  • Include only what you need: For your first employee, focus on essential policies like:
    • Work hours and pay periods
    • Paid time off and leave policies
    • Performance expectations
    • Communication procedures
    • Confidentiality requirements
    • Workplace conduct standards
  • Use accessible language: Avoid legal jargon in favor of clear, straightforward explanations.
  • Include an acknowledgment form: Have your employee sign to confirm they've read and understood the policies.
  • Plan for updates: Review your handbook annually as your business grows and laws change.
  • Consider legal review: While not strictly necessary for basic handbooks, having an employment attorney review your document can prevent costly mistakes.

Remember, a good handbook protects both you and your employee by establishing clear guidelines and expectations from the start.

Building a Positive Work Culture

When you hire your first employee, you're no longer just running a business—you're creating a workplace culture.

Defining your company values

Take time to articulate:

  • What your company stands for
  • How you define success
  • What behaviors are valued and rewarded
  • How decisions are made

Involve your employee in refining these values so they feel invested in your company's mission.

 

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Creating feedback mechanisms

Establish regular opportunities for two-way feedback:

  • Weekly check-ins to discuss ongoing projects
  • Monthly one-on-ones focused on professional development
  • Quarterly reviews to assess performance against goals
  • Open-door policy for immediate concerns

Remember that as a first-time employer, you should be seeking feedback on your management style as well.

Managing the boss-employee relationship

Transitioning from solopreneur to boss requires:

  • Setting appropriate boundaries
  • Delegating effectively
  • Providing clear direction without micromanaging
  • Being approachable while maintaining authority
  • Modeling the work ethic and attitude you expect

This balance takes practice—be patient with yourself as you develop your management style.

 

Example – First 90 Days Success Plan

Here's how a small e-commerce business structured the first 90 days for their first employee, a customer service and operations assistant:

First 30 Days: Learning Phase
  • Week 1: Company orientation and systems training
  • Week 2: Shadow owner on customer service processes
  • Week 3: Handle basic customer inquiries with supervision
  • Week 4: Review progress and adjust training as needed
  • Key Milestone: Successfully resolving basic customer inquiries independently
Days 31-60: Contribution Phase
  • Week 5-6: Begin managing inventory and reordering basics
  • Week 7-8: Take full ownership of customer service inbox
  • Weekly check-ins focusing on specific skills
  • Key Milestone: Reducing owner's customer service time by 75%
Days 61-90: Growth Phase
  • Identify one process improvement project
  • Begin contributing to social media content
  • Take initial steps in chosen area for specialization
  • Formal 90-day review with feedback in both directions
  • Key Milestone: Implementing at least one efficiency improvement
Communication Strategy:
  • Daily 10-minute morning huddles
  • Weekly 30-minute structured check-ins
  • End-of-month longer review sessions
  • Shared document tracking accomplishments and challenges

This structured approach gave the employee clear expectations while allowing flexibility to adapt as they discovered their strengths and interests within the business.

Conclusion

Hiring your first employee represents a pivotal moment in your business journey. While the process involves numerous legal, financial, and management considerations, proper preparation can transform this challenge into an opportunity for significant growth.

Remember these key principles as you move forward:

  • Take time to prepare properly before beginning the hiring process
  • Invest in finding the right person, not just filling the position quickly
  • Create clear systems and expectations from day one
  • Recognize that becoming an effective manager is a skill that takes time to develop
  • Celebrate this milestone as evidence of your business's success and potential

With thoughtful planning and the right first hire, you're not just adding help—you're building the foundation for your company's future.

Do you need a lawyer for your business?

The biggest question now is, "Do you need a lawyer for your business?” For most businesses and in most cases, you don't need a lawyer to start your business. Instead, many business owners rely on Legal GPS Pro to help with legal issues.

Legal GPS Pro is your All-In-One Legal Toolkit for Businesses. Developed by top startup attorneys, Pro gives you access to 100+ expertly crafted templates including operating agreements, NDAs, and service agreements, and an interactive platform. All designed to protect your company and set it up for lasting success.

 

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  • Complete Legal Toolkit
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  • Affordable Legal Guidance
  • Custom Legal Status Report
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