Chapter 2. Hiring | Center for Agricultural Profitability

After job candidates have been recruited, the hiring process proceeds to interviewing the top candidates, checking their backgrounds including references, criminal records, and drug offense records, validating their skill sets, verifying their work eligibility, extending an offer, and filing the appropriate forms and paperwork. Using the hiring checklist in the appendix, you can track a candidate’s progress in the hiring process.

2.1 Interview

During an interview, employers should learn about the person being interviewed and share information about the position and business. Listening skills are important. If an interviewer talks too much, the interviewee doesn’t have as much time to speak. As a general rule, the interviewer should speak only about 20% of the time and the person being interviewed should speak the other 80%. Listening more than you talk gives you the opportunity to learn as much as possible about the interviewee in the allotted time. You can still ask follow-up questions and share information about the position or the business, but the key is to listen closely and talk sparingly.

General interviewing rules

Ask open-ended questions
Use the same questions for all interviewees
Listen
Take notes
Avoid unacceptable questions

During an interview, ask open-ended questions, not questions that could be answered with only a yes or no. Open-ended questions help you get to know a job candidate better. Use the same questions for all people interviewing for the same position. Doing so adds consistency to the interview process and helps you easily compare answers from each candidate. Also, take good notes because remembering specific responses after the interview concludes can be difficult.

Crafting interview questions

Use the job description to guide the questions you ask
Group similar questions into categories
Ask questions that can reveal how well the interviewee works with others
Avoid unacceptable questions (see Section 2.1.2 )

2.1.1 Acceptable questions

To ensure interviewers collect information they need to evaluate a job candidate, they could group questions by categories. For example, interviewers might start by asking questions about a candidate’s education or work experience. Specific questions could include the following:

What education or job training have you had?
What positions have you held during previous employment?
Tell me about job tasks for which you’ve been responsible in the past.
What types of tasks have you enjoyed the most? Why?
What types of tasks have you enjoyed the least? Why?

Then, interviewers could transition into questions focused on a prospective employee’s fit for the specific position. At this point, use the job description as a guide. For important tasks associated with a job position, interviewers could ask questions about a job candidate’s experience and interest in similar work. If a job requires physical labor, then ask whether the interviewee is capable of handling the physical requirements.

__________ is an important task in this job. What related experience do you have?
If a particular scenario (explain a possible scenario) happens, how would you respond?
Why are you interested in this position?
How does this position fit your long-term career goals?
Workers in this position may need to lift as much as 50 pounds and stand for three-hour shifts. Are you able to do both?

In some cases, prospective employees may not have the exact experience needed to perform various job tasks. However, interviewers can ask questions to assess if a potential new hire has the ability and willingness to learn the needed skills.

Think of a skill you previously had to learn on the job. What was your approach to making sure you learned it?
If you need to learn a new skill to do well in this job, what steps would you take to learn it?
What efforts do you take to continue learning while on the job?

Performing specific tasks is an important part of holding a job, but the ability to work with people can be equally important. New hires might need to interact with coworkers, managers, suppliers, buyers and other people who support the business, so their ability to develop positive relationships with these people can impact their job performance — and the employer. These are some possible questions to ask about a job candidate’s willingness to work with others:

Describe a situation in which you had a challenging relationship with a coworker or supervisor. What did you do in that situation?
What types of people create an enjoyable work environment for you?
If you have supervised other people in previous jobs, describe how you managed those employees and what the experience was like for you.

2.1.2 Unacceptable questions

Interviewing prospective employees can create risk if employers ask the wrong questions. Several types of questions should be off-limits including those listed below.

Avoid questions about age, race, ethnicity, religious preference, political affiliation, living arrangement, sexual orientation, disabilities or medical conditions. Because answers to these questions don’t explain someone’s ability to perform job tasks or duties, they are irrelevant.

Avoid questions about an applicant’s family or marital status. Again, answers to these questions don’t affect the ability to perform job tasks or duties. If working days and hours or schedule flexibility are concerns, then present the requirements for the job, and ask whether the prospective employee could meet those needs. For example, you may ask, “Our operation occasionally needs help on evenings and weekends. Do you have the flexibility to work during evenings and weekends?”

Do not ask questions about vehicle ownership unless it is a requirement for an employee’s job. Otherwise, what matters is that an employee can get to work. For job positions that require on-the-job vehicle use, you may ask whether a prospective employee is licensed to operate the type of vehicle required.

2.1.3 Other interview elements

Generally, interviews are considered a question-and-answer time. However, an interview can also include a skills test. During a skills test, prospective employees would be asked to apply their skills and perform a task that would be required if they were hired. A skills test can show whether a potential new employee has the skills necessary for the job or if the person could benefit from extra training. However, the results should only be used as one tool to screen applicants, and the test itself shouldn’t create problems with respect to equal-opportunity employment. For example, a basic skills test could involve counting change or writing an email.

Personality inventories are other tools for determining whether a prospective employee would fit well within your operation. They can help employers understand candidates’ personality traits, their work style, and how they like to work with others. However, personality inventories do have several potential drawbacks. For example, the test should have controls to prevent respondents from selecting only socially desirable responses. Controls are questions designed to assess test takers’ honesty and consistency in their responses. These tests shouldn’t be used as medical exams or invade respondents’ privacy. If you’d like to use a personality inventory as part of your applicant screening process, then identify a testing program that’s effective in gauging job performance.

2.1.4 Closing an interview

Before concluding an interview, give the job candidate an opportunity to ask questions. Not only does this practice address remaining questions, but it also creates an opportunity for an interviewer to learn about an individual’s ability to develop questions. Then, establish the next steps the interviewee can expect during the hiring process. If you have a timeline in mind, you can mention it. Share whether you’re planning to schedule second-round interviews with the top candidates. Last, thank the interviewee for showing interest in the position and participating in the interview.

2.1.5 Post-interview evaluation

After conducting interviews with multiple candidates, rank the acceptable candidates based on their qualifications, attitudes, abilities to learn and other soft skills, such as interaction with people. Ideally, a candidate will “check all the boxes.” If not, prioritize characteristics based on their importance. If no acceptable candidates are identified, you may need to repeat the hiring process for new candidates. Candidates who possess abilities in the characteristics you prioritize as the most important may be your top contenders.

2.2 Background, drug and reference checks

Employers may use background checks, drug tests, and reference checks to see if a candidate is suitable, reliable, and safe for their workplace.

2.2.1 Background checks

Background checks are important because the employees your operation hires will directly interact with other employees and possibly your family. You want to respect the safety and security of your current team and ensure new hires will be upstanding people.

Background checks can be formal or informal. Informal checks involve reviewing publicly available information about a job candidate. Start by doing an online search. Use a search engine such as Google or Bing. Narrow the search with keywords such as school names, state of residence, former employers and hometown. You can also review an applicant’s social media activity on platforms such as Facebook, X (formerly Twitter), LinkedIn and Instagram and validate addresses on sites such as whitepages.com and 411.com.

Employers should also consider checking public databases to learn more about applicants. You can use public information to check whether applicants have a sex offender or court judgment history. The State of Nebraska maintains a statewide sex offender registry[1]. Users can search the registry by name or location. The Nebraska court system maintains case search tools[2], which retrieves case history from Nebraska courts. Users can search by litigant name to find cases that mention a specific individual.

For positions involving sensitive information or managerial responsibilities, a more extensive, and formal, background check may be necessary. Several companies offer background check services. Consider comparing the options available and choose a company that can provide the types of information that will help you to make your hiring decision. Before engaging a third-party company to help with a background check, get written consent from the applicant.

2.2.2 Drug testing

Requiring a drug test can communicate clearly that substance misuse will not be tolerated on your operation, but it is important to approach this topic thoughtfully and within the bounds of the law.

Alcohol and drug use on the job can contribute to serious injuries or even fatalities. In agriculture, where employees often work around livestock, machinery, and unpredictable conditions, safety must come first. An employee who is under the influence poses a risk not only to themselves but also to coworkers, family members on the operation, and anyone nearby. For that reason, some employers choose to include drug testing as one part of a broader safety culture. Policies like these can help set expectations and reinforce that safe work practices matter.

That said, drug testing policies should be developed carefully. This section provides general considerations, but every operation is different. Before implementing a testing program, it is wise to consult an attorney or human resources professional to ensure your policy complies with applicable state and federal laws and fits the needs of your operation.

Employers have several options for conducting drug tests. Some operations use on-site testing kits that provide results quickly, which can be helpful when timing is important. Others choose to work with an outside testing provider that manages the testing process and documentation. Drug tests may use urine, hair, blood, or saliva samples, depending on the approach selected and the level of verification needed.

Many employers who require testing do so before a new employee begins work. In these cases, a pre-employment drug test typically takes place after a job offer is accepted but before the employee’s first day on the job. If your operation uses this approach, the offer letter should clearly state that passing the drug test is a condition of employment. It should also explain that failing to complete the test or failing the test may result in the offer being withdrawn.

Some operations also conduct drug testing after employment begins in specific situations. For example, testing may be required following a workplace accident or injury to help determine whether substance use may have played a role. In other cases, if a supervisor observes behavior that raises safety concerns, a test may be used as part of a documented process to address the situation.

It is also important to remember that substance use disorders are a health issue as well as a workplace concern. When employees are struggling, connecting them with appropriate resources can be an important step. In Nebraska, assistance and support services may be available through the Nebraska Department of Health and Human Services. Providing information about available help can support both employee wellbeing and long-term workplace safety[3].

2.2.3 Reference checks

With a reference check, employers can confirm information an applicant has provided and learn about the applicant from people who know him or her well. When questioning references, employers can ask about previous job positions the applicant held or work the applicant has done. Also, simply asking whether the reference would hire the applicant can suggest employability. Possible references include past employers, teachers, and other professional contacts.

2.3 Eligibility verification

Before hiring any employee, proof of the individual’s authorization to work in the U.S. is required. U.S. citizens or authorized foreign citizens may work here legally. Using Form I-9, Employment Eligibility Verification[4], employers must validate employee identity and work authorization status through birth certificate, passport or green card records. For help checking an employee’s work eligibility, use the E-Verify system[5].

2.4 Extending an offer

Before extending an offer, you might consider hosting multiple interviews with a prospective new hire. Scheduling multiple interactions can expose candidates to different settings (e.g., phone interview, in-person interview) and allow them to meet different people in the business.

After making a hiring decision, employers can call the new hire to extend an offer. However, a written offer should follow the phone call. The letter should outline details — including compensation, benefits, tasks, responsibilities and work schedule — pertaining to the hire’s new job.

2.5 Probationary period

Some employers choose to hire employees on a probationary basis. During that time, the employer can determine whether the employee has the necessary skills, conducts himself or herself in an acceptable manner and fits well with the operation’s culture. Plus, observing employees during a trial phase can help employers identify training needs. A probationary period can also benefit new hires, giving them an opportunity to learn whether they like the work and the team.

2.6 New hire paperwork filing

2.6.1 Employer identification number

Any employer who operates in Nebraska and pays workers must have an employer identification number (EIN) provided by the federal government. Employers, partnerships, limited liability companies and corporations may request an EIN from the IRS[6].

Additionally, employers must register for a Nebraska employer tax identification number. This number is used to report state tax withheld from worker pay. To register, use the Nebraska Department of Revenue[7]. Newly hired and re-hired employees must be registered within 20 days of their hire date with the Nebraska[8] State Directory of New Hires. For more information about tax withholding requirements,[9] go to Section 4.4.

2.6.2 Form W-4

New employees must complete a Form W-4 (PDF).[10] Based on information shared in the form, employers will withhold the necessary federal tax. Employers aren’t held accountable for information provided on a Form W-4, completed by the employee.

2.6.3 Form NE W-4N or W-4NA

When a Nebraska employer hires a new employee, the employer must alert the Nebraska Department of Revenue about the hire. That communication must occur within 20 calendar days of the earlier of the employee signing a Form W-4N or W-4NA[11], the employee first working on the job, or the employee carrying out the job’s required duties. An employer that doesn’t report the necessary paperwork to the state may be fined.

2.7 Independent contractors

An independent contractor is not classified as an employee under common law rules.

In agriculture, independent workers are sometimes used for short-term or day work. These workers are often referred to as independent contractors. An independent contractor is not classified as an employee under common law rules, which means the employer does not exercise the same level of direction and control over how the work is completed.

For Nebraska producers and ranchers, the distinction between an employee and an independent contractor matters. Choosing one arrangement over the other affects responsibilities related to unemployment insurance, workers' compensation, and taxes. Misclassifying a worker can create legal and financial risk, so it is important to evaluate how the relationships actually operates, and not simply what it is called.

Guidance used in Nebraska often mirrors the federal approach that looks at the entire working relationship. Resources from the Nebraska Department of Administrative Services explain that worker classification generally centers on three broad areas: behavioral control, financial control, and the overall relationship between the parties. In practical terms, this means looking at how much direction the operation gives the worker, who controls the financial aspects of the job, and whether the arrangement functions more like employment or an independent business providing services.

In many agricultural settings, a working relationship may be more likely to resemble an independent contractor arrangement when the following conditions are present:

The operation provides general goals or project outcomes, while the workers decides how the work will be completed
The individual supplies their own tools, equipment, or machinery and sets their own work schedule.
The workers has the opportunity to realize a profit or incur a loss based on how the work is managed.
The individual offers similar services to other farms, ranches, or agricultural businesses.
The services are project-based or short-term rather than part of the ongoing, core work of the operation.

Even when several of these factors are present, classification is rarely based on a single test. State and federal agencies evaluate the entire relationship when determining whether someone is truly operating as an independent contractor/business.

Nebraska producers who are uncertain about classification have a few options. The Internal Revenue Service provides guidance on worker classification and allows businesses to request an official determination by filing form SS-8. Another option is to seek professional help by talking with an attorney, accountant, or human resources professional.

When questions arise, it is worth taking the time to review your situation carefully. Talking with an attorney, accountant or human resources professional familiar with agricultural operations in Nebraska can help ensure your worker arrangements are set up correctly and potentially reduce risk for your operation over time.

2.8 Resources List

Some of the information in this section was adapted from resources such as the following, which may provide other insights about the employee hiring process.