Do Managers Hire Employees? (w/Examples) + FAQs

Yes, managers do hire employees, but their authority varies depending on company size, organizational structure, and internal policies. Managers typically serve as hiring managers who identify staffing needs, conduct interviews, and make final hiring decisions for their departments, though they often need approval from upper management, HR, or company executives before completing the hiring process.

The hiring process involves complex legal requirements under federal and state employment laws. Under 5 USC Chapter 31, federal agencies have general authority to employ staff, while private sector employers must follow regulations from the Equal Employment Opportunity Commission (EEOC) and Department of Labor. The employment-at-will doctrine allows managers to hire (and fire) employees for any legal reason in 49 of 50 states, but managers cannot discriminate based on protected characteristics under Title VII of the Civil Rights Act.

According to recent industry data, managers who actively participate in every stage of the hiring process achieve better outcomes in employee performance and retention. However, approximately 80% of hiring managers make common mistakes that compromise hiring quality.

In this article, you will learn:

🎯 The legal authority managers have to hire employees under federal and state employment law, including employment-at-will protections and exceptions

📋 The complete hiring process from job requisition approval through onboarding, with detailed steps managers must follow to remain compliant

⚖️ Legal requirements and restrictions under EEOC regulations, Title VII, FLSA, and other employment laws that govern manager hiring decisions

🚫 Common hiring mistakes managers make and the specific negative consequences of each error, including legal liability and poor employee performance

✅ Best practices and actionable strategies to improve hiring decisions, reduce bias, and select candidates who will succeed in your organization

Understanding Manager Authority in the Hiring Process

Managers function as hiring managers when they have a vacancy on their team and need to fill it. The hiring manager is the future supervisor of the new employee. This person initiates job requisitions, owns open positions, conducts interviews, makes the final decision on who to hire, and subsequently onboards the new employee.

The hiring manager can be any employee who runs a team or department. Examples include a Head of Sales in the Sales department, a Store Manager in retail, or a Department Director in a hospital. In startups and smaller businesses, the hiring manager is often the company’s CEO because there are not many different teams yet.

Legal Definition of Hiring Authority

Under the National Labor Relations Act, Section 2(11) defines a “supervisor” as any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees. This authority must not be of a merely routine or clerical nature but requires the use of independent judgment.

The exercise of hiring authority creates a legal employment relationship between the employer and employee. Under Title VII of the Civil Rights Act, managers who make hiring decisions must not discriminate against employees or job applicants based on race, color, religion, sex, or national origin. Managers who violate these laws expose both themselves and their employer to legal liability.

Organizational Hierarchy and Hiring Authority

The corporate hierarchy determines who has authority to make hiring decisions. A typical organizational structure includes:

C-Level Executives (CEO, COO, CFO, CTO, CMO) – Set strategic direction and approve large-scale hiring initiatives. The CEO has ultimate authority to hire anyone in the organization.

Vice Presidents – Senior leaders managing large business areas who approve hiring for their divisions.

Directors – Oversee daily operations, implement strategies set by senior leadership, and approve hiring for their departments.

Managers – Supervise teams, identify hiring needs, conduct interviews, and make hiring recommendations that require approval from directors or VPs.

Supervisors – Work alongside employees, may participate in interviews and make recommendations, but typically do not have final hiring authority.

In smaller organizations, this hierarchy is less formal. A manager may report directly to the CEO and have broader hiring authority. In larger corporations, multiple approval layers exist before a hire is finalized.

The Role of HR in Manager Hiring Decisions

Human Resources (HR) departments facilitate the hiring process but have limited legal authority to override manager hiring decisions. The relationship between hiring managers and HR professionals involves distinct responsibilities:

Hiring Managers:

• Define job requirements based on team needs
• Lead behavioral and technical interviews
• Make final hiring decisions based on candidate fit
• Approve job offers and determine compensation within budget parameters

HR Professionals:

• Screen resumes and conduct initial candidate assessments
• Ensure compliance with employment laws and company policies
• Coordinate interview logistics and communicate with candidates
• Conduct background checks and verify eligibility
• Process employment paperwork and manage onboarding

According to industry research, HR generally does not have the legal authority to veto a hiring decision by a manager with hiring authority. However, HR can refuse to process a hire if the manager violates clear company policies or employment laws. In practice, managers and HR should work collaboratively to make the best hiring decisions.

The final hiring decision typically rests with the department that has the vacancy. If a manager wants to hire someone but HR objects, the issue should be resolved internally and privately, with both parties seeking approval from someone with superior authority over both HR and the hiring manager.

Federal and State Employment Laws Governing Hiring

Managers must navigate a complex web of federal and state employment laws when hiring employees. Failure to comply with these laws results in significant penalties, lawsuits, and damage to the organization’s reputation.

Title VII of the Civil Rights Act of 1964

Title VII is the principal statute governing employment discrimination. It prohibits employers from discriminating against employees and job applicants based on:

• Race
• Color
• Religion
• Sex (including pregnancy, sexual orientation, and gender identity)
• National origin

Title VII applies to private employers with 15 or more employees, as well as federal, state, and local governments, employment agencies, and labor organizations. The law covers all aspects of employment, including recruiting, hiring, promoting, transferring, training, disciplining, discharging, assigning work, measuring performance, and providing benefits.

Under Title VII, an employer cannot:

• Refuse to hire someone based on protected characteristics
• Use different standards for different groups when screening candidates
• Ask discriminatory questions during interviews about race, religion, or national origin
• Maintain job policies that have a disproportionate negative impact on protected groups unless the policy is a business necessity

The Equal Employment Opportunity Commission (EEOC) enforces Title VII. The EEOC has authority to investigate employment discrimination claims, pursue legal action against employers, and require remedies including compensatory and punitive damages, back pay, reinstatement, and policy changes.

The Equal Employment Opportunity Commission (EEOC)

The EEOC enforces several federal anti-discrimination laws:

Title VII of the Civil Rights Act (applies to employers with 15+ employees)

Americans with Disabilities Act (applies to employers with 15+ employees)

Age Discrimination in Employment Act (applies to employers with 20+ employees)

Pregnancy Discrimination Act (applies to employers with 15+ employees)

Equal Pay Act of 1963

Genetic Information Nondiscrimination Act of 2008

Managers have core EEOC responsibilities that include fair employment practices, policy enforcement, complaint handling, and providing reasonable accommodations. Any decisions managers make about employees, including hiring, must not be based on protected characteristics.

According to EEOC guidance, discrimination can occur even when the hiring manager does not intend to discriminate. If a seemingly neutral hiring practice has a disproportionate negative effect on a protected group, it may constitute illegal disparate impact discrimination.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting employees in the private sector and government. While the FLSA does not directly regulate who can hire employees, it impacts how managers classify and compensate new hires.

Managers must properly classify employees as either exempt or non-exempt from overtime pay when making hiring decisions. Misclassification leads to significant penalties from the Department of Labor’s Wage and Hour Division.

Exempt Employees: Typically include executive, administrative, and professional employees who meet specific salary and duties tests. As of 2025, the salary threshold for exempt employees is $58,656 annually.

Non-Exempt Employees: Entitled to minimum wage and overtime pay for hours worked over 40 in a workweek.

The FLSA also sets child labor standards that managers must follow when hiring minors, including minimum age requirements (generally 14 years old), restrictions on work hours for minors under 16, and prohibitions on hazardous occupations for those under 18.

National Labor Relations Act (NLRA)

The National Labor Relations Act protects employees’ rights to organize, form unions, and engage in collective bargaining. The NLRA prohibits employers from interfering with, restraining, or coercing employees in the exercise of their collective bargaining rights.

Under the NLRA, individuals classified as “supervisors” do not have the right to join labor unions or participate in union organizing campaigns. This classification matters because it determines which employees the manager can hire for positions that might be represented by unions.

The National Labor Relations Board (NLRB) enforces the NLRA and investigates unfair labor practice charges. Managers who hire employees in unionized workplaces must work with union representatives and follow collective bargaining agreements that may specify hiring procedures, seniority rights, and other employment terms.

Employment-at-Will Doctrine

In 49 out of 50 states (Montana being the exception), employment operates under the employment-at-will doctrine. This means that absent a contract ensuring job security, employees can be terminated without notice at any time and for any reason, and employers can hire whomever they please.

Under employment-at-will, managers may hire and fire employees for any reason or no reason at all—just not for a reason made unlawful by federal or state law. In the hiring context, this means:

• Employers have no legal requirement to hire the most qualified applicant
• Hiring decisions are completely within the employer’s discretion
• Employers can choose candidates based on subjective factors like “fit” or personality

However, the employment-at-will rule is qualified by numerous exceptions:

Statutory Exceptions: Managers cannot make hiring decisions that violate anti-discrimination laws, even though they can generally hire whomever they want.

Public Policy Exceptions: Some states prohibit refusing to hire someone because they filed a workers’ compensation claim or refused to commit an illegal act.

Implied Contract Exceptions: Some states recognize that employee handbooks or verbal promises can create contractual obligations that limit hiring discretion.

Covenant of Good Faith Exception: A few states require employers to act in good faith and deal fairly when making employment decisions.

State-Specific Employment Laws

Many states have enacted their own employment laws that provide greater protections than federal law. When state and federal laws differ, the law most favorable to the employee generally applies.

State laws may include:

• Higher minimum wage requirements than the federal minimum
• Additional protected characteristics beyond those in Title VII (such as sexual orientation, marital status, or political affiliation)
• Ban-the-box laws that prohibit asking about criminal history on initial job applications
• Salary history bans that prevent managers from asking about previous compensation
• Specific interview question restrictions

Managers must ensure compliance with both federal and applicable state employment laws when hiring employees.

The Complete Hiring Process: Step-by-Step

The hiring process involves multiple stages from identifying a staffing need through onboarding the new employee. Each stage requires manager involvement and compliance with legal requirements.

Stage 1: Identifying Hiring Needs and Job Requisition

The hiring process begins when a manager identifies a staffing need. This need may arise from:

• Business expansion requiring additional staff
• Employee turnover creating vacancies
• Reorganization creating new positions
• Seasonal demands or special projects

Once the manager identifies the need, they must create a job requisition. A job requisition is a formal request to fill a position that includes:

• Position title and role level
• Detailed job description and requirements
• Department and reporting structure
• Temporary or permanent classification
• Suggested work location and hours
• Salary range and budget allocation
• Whether this is a new or replacement position
• Equipment and software needs
• Target start date

Stage 2: Approval Process

Most organizations require multiple approvals before a manager can begin recruiting. The typical approval workflow includes:

Step 1: Manager submits job requisition form with all required information and supporting documentation.

Step 2: Request routes to department VP or director for approval.

Step 3: After VP approval, request may require C-level executive approval.

Step 4: Finance department reviews budget allocation and approves funding.

Step 5: HR provides final approval and begins recruitment activities.

According to industry research, documenting this approval process eliminates ambiguity by clearly outlining the steps hiring managers should take to fill a role quickly. When processes are understood, teams work more efficiently together, and those efficiencies are felt at every stage of the hiring process.

Stage 3: Creating Job Descriptions and Postings

After approval, the hiring manager works with HR to create a detailed job description and job posting. The job description should include:

• Accurate title and reporting relationships
• Clear list of responsibilities and duties
• Required qualifications and skills
• Preferred qualifications
• Physical demands or working conditions
• Salary range and benefits

The job description must be free from discriminatory language that may deter certain candidates from applying. For example, using phrases like “young and energetic” could constitute age discrimination. The description should focus on actual job requirements rather than preferences that might exclude qualified candidates.

Stage 4: Sourcing and Attracting Candidates

HR typically handles the operational aspects of sourcing candidates, while the hiring manager provides input on where to find qualified applicants. Common sourcing methods include:

• Online job boards (Indeed, LinkedIn, specialized industry sites)
• Company career websites
• Social media platforms
• Employee referral programs
• Recruitment agencies or headhunters
• Job fairs and campus recruiting
• Professional networking

The hiring manager should help identify which sourcing channels will reach the most qualified candidates for the specific role. For specialized positions, targeted outreach through professional organizations or industry-specific networks often yields better results than general job boards.

Stage 5: Resume Screening and Initial Candidate Assessment

HR or recruiters typically conduct initial resume screening based on criteria provided by the hiring manager. However, hiring managers should be involved in reviewing qualified candidates.

When screening resumes, managers should look for:

Qualifications: Education, experience, skills, measurable accomplishments, increasing responsibility

Consistency: Alignment between resume and LinkedIn profile

Red Flags: Unexplained gaps in employment, excessive job hopping, inconsistencies in dates or information

Managers must apply the same screening criteria consistently to all candidates to avoid discrimination. Using objective scoring rubrics helps ensure fair evaluation.

Stage 6: Conducting Interviews

The interview stage is where hiring managers play the most critical role. Managers typically conduct multiple rounds of interviews:

Phone Screening (15-30 minutes): Brief conversation to verify basic qualifications and interest

First-Round Interview (30-60 minutes): In-depth discussion of experience, skills, and fit for the role

Second-Round Interview (45-90 minutes): More detailed assessment, often including technical tests or practical exercises

Final Interview (60+ minutes): Meeting with senior leadership, team members, or other stakeholders

Research shows that when hiring managers sit down to decide which candidate gets a job offer, the decision is not likely going to be made based on any one candidate’s education, qualifications, work experience, or hard skills. While these factors matter, hiring managers typically focus on cultural fit, soft skills, and whether the candidate will work well with the existing team.

Interview Best Practices for Managers

Use Structured Interview Techniques: Ask all candidates the same core questions in the same order. This ensures consistency and reduces bias in evaluation.

Prepare Behavioral Questions: Ask candidates to describe specific situations they have encountered and how they handled them. Example: “Tell me about a time when you had to deal with a difficult team member. What was the situation and how did you resolve it?”

Focus on Job-Related Skills: Every question should relate to the actual duties and requirements of the position. Avoid questions about personal characteristics unrelated to job performance.

Take Detailed Notes: Document candidate responses thoroughly to support your hiring decision. These notes may be important if the decision is later questioned or challenged.

Avoid Illegal Questions: Never ask about age, marital status, children, religion, national origin, disability, or other protected characteristics.

Examples of illegal interview questions include:

• “How old are you?” or “When did you graduate high school?”
• “Are you married?” or “Do you have children?”
• “What church do you attend?”
• “Where were you born?” or “What is your native language?”
• “Do you have any disabilities?”

Instead, ask job-related questions such as:

• “Are you authorized to work in the United States?”
• “Can you work the required schedule for this position?”
• “This job requires lifting boxes up to 50 pounds. Are you able to perform this function with or without accommodation?”

Stage 7: Assessment and Selection

After interviews, the hiring manager evaluates candidates and makes a selection decision. This evaluation should consider:

• Skills and qualifications match with job requirements
• Cultural fit and alignment with company values
• Potential impact on team dynamics
• Long-term growth potential
• References and background check results

According to HR research on decision-making, effective hiring decisions involve evaluating information objectively, considering whose input should inform the decision, and understanding legal risks and ethical factors like biases. Managers should talk to key stakeholders to understand their concerns and prioritize conversations with team members who will work closely with the new hire.

Stage 8: Making the Job Offer

Once the hiring manager selects a candidate, they work with HR to extend a job offer. The job offer typically includes:

• Job title and reporting relationships
• Start date
• Compensation (salary or hourly rate)
• Benefits package
• Work location and schedule
• Employment terms and conditions

The hiring manager should move quickly to extend an offer to prevent losing the candidate to another employer. Top candidates usually have multiple offers, so making yours first and most competitive improves your chances of securing the hire.

Be prepared for candidates to negotiate. You can sweeten the deal with more than just salary, including additional PTO, sign-on bonuses, flexible work arrangements, paid parking, professional development opportunities, or other perks.

Stage 9: Background Checks and Employment Verification

Before the employee starts, HR conducts required background checks and verifies employment eligibility. This includes:

• Completing Form I-9 to verify work authorization
• Conducting criminal background checks (where permitted by law)
• Verifying educational credentials
• Checking professional references
• Conducting drug screening (where applicable)

Under federal law, all employers must verify that employees are authorized to work in the United States by examining identification and work authorization documents and completing a USCIS Form I-9 for each newly hired employee.

Stage 10: Onboarding

The final stage of the hiring process is onboarding the new employee. The hiring manager plays a critical role in ensuring successful onboarding.

Effective onboarding includes:

Cultural Orientation: Covering general company policies, values, and expectations

Job-Specific Training: Familiarizing the new employee with their specific role, tools, systems, and responsibilities

Team Integration: Introducing the new hire to colleagues and helping them build relationships

Goal Setting: Establishing clear 30-60-90 day goals and expectations

According to industry best practices, some companies use a “buddy system” where each new hire receives three people to support their onboarding: a hiring manager who crafts their roadmap, a culture buddy who guides them through company culture, and a role buddy who supports them with task-related questions.

Real-World Hiring Scenarios

Understanding how hiring authority works in practice helps clarify manager responsibilities and limitations. Here are three common scenarios managers encounter:

Scenario 1: Department Manager Hiring for a Vacant Position

Situation: Sarah is a Marketing Manager at a mid-sized technology company with 200 employees. One of her team members resigned, leaving a vacant Marketing Coordinator position. Sarah needs to hire a replacement.

Outcome: Sarah successfully hired a qualified Marketing Coordinator following proper procedures. Because she involved multiple stakeholders, used consistent interview questions, and documented her decision-making process, she minimized legal risk and improved her chances of making a good hire.

Scenario 2: Small Business Owner With Unlimited Hiring Authority

Situation: Marcus owns a small restaurant with 12 employees. He wants to hire two new servers for the busy summer season.

Consequence: Marcus successfully hired two servers, but six months later received a discrimination complaint from a job applicant who was not hired. The applicant, who is 55 years old, claims Marcus made age-related comments during the interview and discriminated against him based on age. Because Marcus has fewer than 20 employees, the Age Discrimination in Employment Act does not apply. However, state anti-discrimination laws may still protect the applicant, and Marcus now faces a costly legal dispute that could have been avoided by using proper interview techniques.

Scenario 3: Manager Wants to Hire Someone HR Rejects

Situation: Jennifer is a Software Development Manager at a large financial services company. She wants to hire a talented programmer she met at a conference, but HR refuses to process the hire because the candidate does not have a college degree, which is listed as a requirement in the job description.

Outcome: This situation illustrates the tension between manager hiring authority and HR compliance concerns. The best resolution involves collaboration between the manager, HR, and senior leadership to balance business needs with policy consistency. Jennifer’s persistence led to a positive outcome that benefited both her team and improved the company’s hiring practices going forward.

Common Hiring Mistakes Managers Make

Despite best intentions, many managers make predictable mistakes during the hiring process. Research indicates that approximately 80% of hiring managers repeat common errors. Understanding these mistakes and their consequences helps managers avoid them.

Mistake 1: Relying Too Heavily on Resumes

The Error: Managers place excessive emphasis on a candidate’s resume and focus primarily on job titles, years of experience, and educational credentials rather than actual skills and capabilities.

Why This Is Problematic: Resumes provide a limited snapshot of a candidate and do not tell the full story. Focusing solely on resumes leads to hiring based on surface-level information instead of evaluating how well candidates align with team needs. This approach also fails to account for essential factors like work ethic, adaptability, problem-solving skills, and cultural fit.

The Consequence: Managers miss strong candidates who may not have traditional qualifications but possess the skills and potential to excel. They also risk hiring “resume builders” who look impressive on paper but lack practical abilities.

How to Avoid: Conduct in-depth interviews, use skills assessments and practical tests, and evaluate how candidates will contribute to team success. Look beyond the resume to understand motivations, cultural fit, and potential for growth.

Mistake 2: Rushing the Interview Process

The Error: Managers feel pressure to fill positions quickly and conduct abbreviated interviews or skip important evaluation steps.

Why This Is Problematic: Hasty hiring decisions often result from understaffing pressure rather than careful candidate evaluation. Managers may settle for an acceptable candidate rather than finding the right fit.

The Consequence: Poor hires lead to decreased team productivity, increased turnover costs, disrupted team dynamics, and the need to repeat the hiring process within months. According to industry data on hiring mistakes, the cost of a bad hire can exceed 30% of the employee’s first-year salary when factoring in recruitment costs, training time, lost productivity, and severance.

How to Avoid: Build adequate time into your hiring timeline for thorough candidate evaluation. Most positions should involve 3-4 interview rounds with different evaluators. Resist pressure to compromise on candidate quality just to fill the position quickly.

Mistake 3: Ignoring Cultural Fit

The Error: Managers focus exclusively on technical skills and experience without considering whether the candidate aligns with company values and team dynamics.

Why This Is Problematic: A candidate may possess all the required technical skills but may not work well within the team’s culture or work style. This misalignment leads to tension within teams, poor collaboration, and ultimately shorter employee tenure.

The Consequence: The new hire struggles to integrate with the team, creating friction and reducing overall team effectiveness. The employee becomes dissatisfied and either quits or must be terminated, requiring the hiring process to start over.

How to Avoid: Assess cultural fit through behavioral interview questions that explore work style preferences, communication approaches, and values. Have candidates meet with potential team members during the interview process. Ask questions like “Describe your ideal work environment” or “How do you prefer to receive feedback?”

Mistake 4: Asking Illegal or Inappropriate Questions

The Error: Managers ask questions during interviews that violate employment discrimination laws or delve into personal matters unrelated to job performance.

Why This Is Problematic: Certain interview questions are illegal under federal and state anti-discrimination laws. Even well-intentioned managers may ask prohibited questions without realizing they are creating legal liability.

The Consequence: The company faces potential discrimination lawsuits, EEOC investigations, and significant financial penalties. Even if the manager did not intend to discriminate, asking illegal questions creates evidence that can be used against the company in litigation. The company’s reputation suffers, and qualified candidates may avoid applying for future positions.

How to Avoid: Train all hiring managers on permissible and prohibited interview questions. Work closely with HR to review interview questions before conducting interviews. Focus on job-related skills and qualifications rather than personal characteristics.

Mistake 5: Failing to Check References Thoroughly

The Error: Managers skip reference checks or conduct superficial reference conversations that provide little useful information.

Why This Is Problematic: Reference checks provide valuable insights into a candidate’s past performance, work style, and potential challenges. Skipping this step means missing red flags that references might reveal.

The Consequence: Managers hire candidates with performance problems, ethical issues, or interpersonal conflicts that previous employers could have disclosed. These problems emerge after hiring, requiring disciplinary action or termination.

How to Avoid: Always conduct thorough reference checks with at least 2-3 professional references. Ask specific, job-related questions such as “Can you give an example of a time when this person exceeded expectations?” or “What areas did they need to improve?”. Listen carefully for what references do not say, as they may be reluctant to provide negative information directly.

Mistake 6: Hiring Based on Gut Feelings

The Error: Managers make hiring decisions based on intuition or personal chemistry with the candidate rather than objective evaluation criteria.

Why This Is Problematic: Gut feelings and first impressions are highly susceptible to unconscious bias. Managers tend to favor candidates who are similar to themselves in background, communication style, or personal interests. This approach perpetuates lack of diversity and results in hiring decisions that do not correlate with actual job performance.

The Consequence: The organization misses opportunities to hire diverse talent with different perspectives. Teams become homogeneous, reducing innovation and problem-solving capabilities. The company may face discrimination claims if gut-feeling hiring disproportionately excludes protected groups.

How to Avoid: Use structured interview processes with standardized scoring rubrics. Evaluate all candidates against the same objective criteria. Document specific reasons for hiring decisions based on job-related factors.

Mistake 7: Overlooking Internal Candidates

The Error: Managers focus recruitment efforts entirely on external candidates without considering whether current employees could fill the open position.

Why This Is Problematic: Internal candidates already know the company culture, systems, and people. They require less onboarding time and represent lower hiring risk. Ignoring internal candidates sends a message that the company does not value employee development and career progression.

The Consequence: Employee morale decreases when staff members see that the company consistently hires outsiders for advancement opportunities. Top performers leave to find growth opportunities elsewhere. The organization loses institutional knowledge and pays higher costs to recruit and onboard external candidates.

How to Avoid: Post all open positions internally before or simultaneously with external recruitment. Encourage managers to develop succession plans that identify high-potential employees for advancement. Create clear career pathways that show employees how they can progress within the organization.

Mistake 8: Poor Communication With Candidates

The Error: Managers fail to keep candidates informed about hiring timeline, next steps, and decision status.

Why This Is Problematic: Candidates have a negative experience when they are left wondering about their application status. Top candidates accept other offers while waiting to hear back. The company’s reputation as an employer suffers.

The Consequence: The organization loses qualified candidates to competitors who move faster and communicate better. The company develops a poor reputation on employer review sites like Glassdoor. Future recruiting efforts become more difficult as word spreads about the poor candidate experience.

How to Avoid: Establish clear timelines and communicate them to candidates. Provide regular updates even if there is no new information to share. Respond to all candidate inquiries within 24-48 hours. Thank all candidates for their interest, even those who are not selected.

Hiring Do’s and Don’ts for Managers

Following hiring best practices helps managers make better decisions and avoid costly mistakes. Here are essential do’s and don’ts:

Do’s: What Managers Should Always Do

Do Prepare Thoroughly for Every Interview: Review the candidate’s resume, research their background, and prepare specific questions tailored to their experience. Create a structured interview plan that covers all important topics. Managers who come to interviews unprepared appear unprofessional and miss opportunities to gather important information.

Do Use Consistent Evaluation Criteria: Apply the same standards to all candidates to ensure fairness and reduce bias. Use scoring rubrics that rate candidates on specific job-related competencies. Consistency helps managers compare candidates objectively and provides documentation to support hiring decisions.

Do Involve Your Team in the Hiring Process: Include team members in interviews and seek their input on candidate fit. The people who will work directly with the new hire often provide valuable perspectives that managers miss. This collaborative approach also increases team buy-in when the new employee starts.

Do Focus on Transferable Skills and Potential: Look beyond specific job titles and industry experience to identify candidates with strong foundational skills who can learn and grow. Many successful hires come from candidates who bring fresh perspectives from different backgrounds.

Do Document Your Decision-Making Process: Keep detailed notes from interviews, record specific examples of candidate strengths and concerns, and document the reasons for your final selection. This documentation protects you if your hiring decision is later questioned and helps you learn from past hiring successes and failures.

Do Move Quickly to Extend Offers: Top candidates have multiple options and will accept the first strong offer they receive. Once you identify your preferred candidate, work with HR to extend an offer within 24-48 hours.

Do Provide Clear Feedback and Communication: Keep all candidates informed about next steps and timeline. Provide constructive feedback to finalists who were not selected, when appropriate. Clear communication creates a positive candidate experience even for those you do not hire.

Do Partner With HR: Leverage HR’s expertise on employment law, compensation benchmarking, and recruiting best practices. HR professionals help managers navigate complex legal requirements and company policies. The most successful hires result from strong collaboration between hiring managers and HR.

Do Invest Time in Onboarding: Your responsibilities do not end when the candidate accepts the offer. Effective onboarding significantly impacts new hire success and retention. Managers who provide clear expectations, regular feedback, and strong support during the first 90 days see better employee performance.

Don’ts: What Managers Must Avoid

Don’t Rush the Hiring Process: Hasty decisions to fill positions quickly usually backfire. A bad hire costs far more than the time invested to find the right candidate. Take sufficient time to evaluate candidates thoroughly.

Don’t Ask Illegal Interview Questions: Never inquire about age, marital status, children, religion, national origin, disability status, or other protected characteristics. These questions violate employment discrimination laws and expose your company to legal liability.

Don’t Hire Based Solely on Credentials: Degrees and certifications matter, but they do not guarantee job performance. Many excellent candidates lack traditional credentials but possess strong practical skills and experience. Focus on what candidates can do rather than where they have been.

Don’t Overlook Red Flags: If something concerns you during the interview process—unexplained job gaps, inconsistent stories, poor references, or concerning behavior—investigate further. Managers who ignore red flags and hope problems will resolve often regret their decisions.

Don’t Make Hiring Decisions Alone: Seek input from team members, peers, and HR before finalizing your choice. Different perspectives help identify blind spots and reduce the risk of a poor hire.

Don’t Skip Reference Checks: Always verify candidate qualifications and past performance through reference checks. References provide information you cannot get from interviews alone.

Don’t Be Distracted During Interviews: Give candidates your full attention. Put away your phone, close your laptop, and focus entirely on the conversation. Divided attention insults the candidate and causes you to miss important information.

Don’t Talk Too Much: Remember that interviews are opportunities to evaluate candidates, not to showcase your own knowledge. Follow the 80/20 rule in interviews: candidates should talk 80% of the time while you talk 20%.

Don’t Wing It: Conducting interviews without preparation or a clear structure leads to inconsistent evaluation and poor hiring decisions. Every interview should follow a planned format with prepared questions.

Don’t Discriminate: Treat all candidates fairly and make hiring decisions based on merit and job-related qualifications. Discrimination is not only illegal but also prevents you from accessing the full talent pool.

Don’t Make Promises You Cannot Keep: Be honest about job responsibilities, growth opportunities, and company culture. Overselling the position leads to new hire disappointment and quick turnover.

Pros and Cons of Manager-Led Hiring

Giving managers direct hiring authority offers both advantages and disadvantages for organizations.

Pros of Manager-Led Hiring

Managers Know Their Team Needs Best: The hiring manager understands the specific skills, personality traits, and work styles that will succeed on their team. They work directly with the position daily and can assess candidate fit more accurately than HR or senior leadership.

Faster Decision-Making: When managers have hiring authority, the process moves more quickly than committee-based approaches or systems requiring multiple approval layers. This speed helps secure top candidates before competitors hire them.

Increased Manager Accountability: Managers who select their own team members take greater ownership of employee performance and development. They cannot blame HR or others if hires do not work out.

Better Cultural Fit Assessment: Managers can evaluate whether candidates will integrate well with existing team culture and dynamics. This personal knowledge leads to hires who connect better with colleagues.

Stronger Manager-Employee Relationships: When managers select their own team, they develop stronger relationships with those employees. The new hire knows the manager chose them specifically, which builds loyalty and trust.

Cons of Manager-Led Hiring

Risk of Bias and Discrimination: Managers may make hiring decisions based on unconscious biases rather than objective qualifications. Without proper training and oversight, manager-led hiring can perpetuate homogeneous teams and discrimination.

Lack of Hiring Expertise: Many managers have never received formal training on effective interviewing, candidate evaluation, or employment law compliance. They make predictable mistakes that experienced recruiters avoid.

Inconsistent Hiring Standards: Different managers may apply different criteria when evaluating candidates, leading to inconsistency across the organization. Some managers prioritize technical skills while others focus on personality fit.

Short-Term Focus: Managers under pressure to fill immediate needs may hire candidates who can start quickly rather than those who represent the best long-term fit. This short-term thinking increases turnover.

Limited Perspective: Managers evaluating candidates on their own may miss red flags or opportunities that others would notice. They lack the broad organizational perspective that HR professionals and senior leaders bring.

Legal Compliance Risk: Managers unfamiliar with employment law may inadvertently violate anti-discrimination regulations through improper interview questions or biased selection criteria. These violations create costly legal liability for the organization.

Time Commitment: Hiring requires significant time investment in screening resumes, conducting interviews, checking references, and onboarding. Managers already stretched thin may struggle to dedicate sufficient attention to hiring.

Favoritism and Nepotism: Managers may favor friends, former colleagues, or family members rather than selecting the most qualified candidates. This favoritism undermines morale and organizational fairness.

Key People, Organizations, and Concepts in Manager Hiring

Understanding the major entities and concepts related to manager hiring authority helps clarify roles and responsibilities.

Equal Employment Opportunity Commission (EEOC)

The EEOC is the federal agency responsible for enforcing laws that prohibit workplace discrimination. The EEOC investigates discrimination complaints, provides guidance to employers, and files lawsuits when necessary. Managers must understand EEOC requirements because violations result in significant penalties for both the manager and employer.

The EEOC enforces Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, and the Genetic Information Nondiscrimination Act. These laws protect employees and job applicants from discrimination at every stage of employment, including hiring.

Department of Labor (DOL)

The Department of Labor administers and enforces most federal employment laws, including the Fair Labor Standards Act (minimum wage and overtime), the Family and Medical Leave Act, and the Occupational Safety and Health Act. The DOL’s Wage and Hour Division investigates complaints and can assess significant penalties against employers who violate labor laws.

Managers must ensure compliance with DOL requirements when hiring employees, particularly regarding proper classification of workers as exempt or non-exempt from overtime. Misclassification leads to back wage liability and penalties.

National Labor Relations Board (NLRB)

The NLRB enforces the National Labor Relations Act, which protects employees’ rights to organize and engage in collective bargaining. The NLRB also determines which employees qualify as “supervisors” under the Act.

This distinction matters because supervisors are excluded from NLRA protections and cannot join unions. Managers who have authority to hire employees are typically classified as supervisors under the NLRA.

Hiring Manager vs. Recruiter

A hiring manager is a team leader involved in the hiring process to fill a vacancy in their department and is the future manager of the new hire. A recruiter is a professional whose job is to promote vacancies, identify and attract suitable candidates, and screen applicants.

The hiring manager defines job requirements, conducts interviews, and makes the final hiring decision. The recruiter handles operational tasks like posting positions, screening resumes, and coordinating interviews. Both roles are essential, but the hiring manager has ultimate decision-making authority.

Employment-at-Will Doctrine

Employment-at-will is the legal principle that employers can terminate employees at any time for any legal reason, and employees can quit at any time without giving a reason. This doctrine also means employers can hire whomever they choose, subject to anti-discrimination laws.

Employment-at-will is the default rule in 49 states, but numerous exceptions exist. Managers must understand that while they have broad hiring discretion under employment-at-will, they cannot discriminate based on protected characteristics.

Job Requisition

A job requisition is a formal request to fill a position that initiates the hiring process. The requisition includes details about the position, required qualifications, salary range, and budget allocation. Most organizations require multiple approvals before the hiring manager can begin recruiting.

Structured vs. Unstructured Interviews

Structured interviews use predetermined questions asked consistently to all candidates, with standardized scoring criteria. Unstructured interviews are informal conversations without a set format.

Research shows that structured interviews are more reliable predictors of job performance and reduce bias compared to unstructured interviews. However, many managers still use unstructured approaches because they feel more natural.

Skills-Based Hiring

Skills-based hiring focuses on candidates’ abilities and competencies rather than credentials like degrees or years of experience. This approach expands the talent pool by considering candidates with non-traditional backgrounds who can demonstrate required skills.

Organizations increasingly adopt skills-based hiring to address talent shortages and increase diversity. Managers evaluate what candidates can do rather than where they have been or what credentials they hold.

Frequently Asked Questions

Can a manager hire someone without HR approval?

No. While managers typically make the final hiring decision for their department, they cannot bypass HR entirely. HR must verify that the candidate meets all requirements, conduct required background checks, and process employment paperwork. In some organizations, managers need explicit approval from HR, finance, and senior leadership before extending job offers. However, HR generally cannot veto a manager’s hiring decision without valid business or legal reasons.

Are managers legally responsible for hiring discrimination?

Yes. Managers who make hiring decisions can be held personally liable for discrimination under federal and state employment laws. While employers typically face larger penalties, managers may also be named as individual defendants in discrimination lawsuits. Courts examine whether the manager’s actions violated Title VII or other anti-discrimination laws regardless of employer policies.

Do managers have to hire the most qualified candidate?

No. Employment-at-will allows managers to hire any qualified candidate they prefer, not necessarily the “most” qualified. Managers can consider factors like cultural fit, team dynamics, and personality when selecting between qualified candidates. However, managers cannot use protected characteristics like race or sex as deciding factors. The key is that the hiring decision must not be discriminatory.

Can a manager hire a friend or family member?

Yes. No federal law prohibits hiring friends or family members in private sector employment. Some states and municipalities have anti-nepotism laws for government positions, but private employers can generally hire relatives. However, managers must still follow all employment laws and company policies. Hiring family members can create morale problems if the manager shows favoritism.

What happens if a manager violates EEOC guidelines during hiring?

If a manager violates EEOC guidelines, the employer faces discrimination charges, investigations, lawsuits, monetary penalties, and requirements to change policies. The EEOC can order back pay, compensatory damages, punitive damages, and hiring or promotion of the complainant. Companies may also lose government contracts and suffer reputational damage. Managers who violate EEOC guidelines often face disciplinary action including termination.

How long does the typical hiring process take?

The typical hiring process takes 3-6 weeks from posting a position to extending a job offer. Complex or senior-level positions may take 2-3 months. Factors affecting timeline include approval process complexity, number of candidates interviewed, background check requirements, and decision-maker availability. Efficient processes reduce time-to-hire and prevent losing candidates to competitors.

Can managers conduct interviews without training?

No. While not legally prohibited, conducting interviews without proper training is risky and ineffective. Untrained managers often ask illegal questions, exhibit bias, fail to assess qualifications properly, and make poor hiring decisions. Organizations should provide interview training covering employment law, effective questioning techniques, bias recognition, and candidate evaluation methods. Training significantly improves hiring outcomes and reduces legal risk.

What is the difference between a hiring manager and a recruiting manager?

A hiring manager is the department leader who will supervise the new employee and makes the final hiring decision. A recruiting manager works in HR and oversees the recruitment function, coordinating recruiters who source and screen candidates. The hiring manager focuses on filling positions in their own department. The recruiting manager oversees hiring for the entire organization.

Do managers need legal counsel when hiring employees?

No, managers typically do not need legal counsel for routine hiring decisions. However, complex situations may require legal advice, such as hiring foreign workers requiring visa sponsorship, navigating disability accommodation requests, or responding to discrimination complaints. Organizations should consult employment lawyers when creating hiring policies, conducting sensitive investigations, or facing potential litigation.

Can managers fire employees they did not hire?

Yes. Under employment-at-will, managers can terminate employees for any legal reason, regardless of who hired them. However, managers must follow company policies, provide proper documentation, and avoid discriminatory terminations. Many organizations require managers to coordinate with HR before terminating employees to ensure legal compliance.

What if no candidates meet the job requirements?

If no candidates meet the requirements, managers should reassess whether the requirements are realistic. The job description may be too narrow or require unreasonable qualifications. Options include revising requirements to focus on essential skills, providing training for candidates with most qualifications, expanding the search to different talent pools, offering higher compensation, or considering internal candidates who could grow into the role.

How many interviews should managers conduct before hiring someone?

Most positions require 3-4 interview rounds. This typically includes a phone screening, first-round interview with the hiring manager, second-round interview with team members or senior leadership, and a final interview to discuss offer details. More than 5 interviews frustrates candidates and may cause them to accept other offers. The interview process should be thorough but efficient.

Can managers hire employees who will work remotely in other states?

Yes, but managers must ensure compliance with employment laws in the state where the remote employee works. This includes minimum wage requirements, overtime rules, meal and rest break requirements, and other state-specific employment laws. The company must also register to do business in that state and withhold appropriate state taxes. Remote hiring across state lines creates compliance complexity that requires HR and legal guidance.

Do managers need to advertise open positions publicly?

No federal law requires private employers to publicly advertise open positions before hiring. However, some government contractors must follow affirmative action requirements that include posting positions. Many organizations post positions internally or publicly as a best practice to access larger candidate pools and demonstrate fairness. Some states have specific requirements for certain industries or positions.

What should managers do if they realize they made a bad hire?

When managers realize they made a bad hire, they should act quickly. Document performance issues, provide clear expectations and feedback, offer coaching or additional training if appropriate, and work with HR to determine whether termination is necessary. Managers should also reflect on what went wrong in the hiring process and adjust their approach for future hires. Many bad hires result from common mistakes like rushing the interview process or ignoring red flags.