How to hire your first employee: define the job, interview well and get the paperwork right
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To hire your first employee, write down the outcomes the job must deliver in its first six months, turn those into four or five criteria, run every candidate through the same short screen and interview, score them before you compare, and set up the employer paperwork before day one. The interviewing is where most owners go wrong, because they hire someone they like rather than someone they measured. The paperwork is where most get anxious, and it is a checklist.
This guide is for owners and founders who have never hired. If you already manage a team and are new to interviewing, the first-time hiring manager guide is the better fit. If you need the process without any software, see running a structured interview without an ATS.
Not legal or tax advice. Employer obligations vary by state, city and industry. The federal steps below are summarized from government sources as of September 2026; confirm your own obligations with your state agencies, an accountant or an employment lawyer.
Decide what the job is before you decide who
A first hire usually absorbs the tasks the owner likes least. That produces a job description reading "admin, bookkeeping, customer emails, social media, some sales", which no one person does well and no interview can test. Start from outcomes instead.
- List your last two weeks of work and mark what someone else could do.
- Group the marked tasks into no more than three areas. If you have five, you have two jobs.
- Write the outcomes for six months from now: "Every customer email answered within one business day", "Invoices sent within two days of job completion".
- Decide the working pattern: hours, location, schedule. This affects who applies and, with the next step, how the role is classified.
- Set the pay range from local job postings for similar roles and what you can sustain for a year. Some states and cities require ranges in postings; check yours.
Employee or contractor
The label does not decide it. The IRS looks at behavioral control, financial control and the type of relationship, and considers the whole picture. If you will set the hours, direct how the work is done and supply the tools, expect the role to be employment. State tests can be stricter than the federal one.
Turn outcomes into criteria you can interview for
Each outcome needs a criterion you can hear evidence of in an interview. Four or five is enough. Here is an invented example for a first hire at a small landscaping business:
| Outcome at six months | Criterion | How you will test it |
|---|---|---|
| Customer emails and calls answered within a business day | Reliable follow-through | Past example of managing a busy inbox or queue |
| Quotes and invoices sent within two days | Accuracy with numbers and documents | Short exercise: turn job notes into an invoice |
| Crew schedule updated daily | Organizing competing priorities | Scenario: two crews, three urgent jobs, one day |
| Complaints resolved without the owner | Handling difficult customers | Past example with a specific outcome |
| Owner freed for sales two days a week | Working without constant direction | Past example of solving a problem alone |
"Good attitude" and "fits in" are not on the list. They are real concerns, but written that way they become a judgment about whether you like someone; see assessing values without culture fit bias for a better way.
A simple, fair process for a first hire
| Stage | Time | Purpose |
|---|---|---|
| Post the job | 1 to 2 weeks open | Outcomes, pay range, hours, location, how to apply |
| Resume and short questions | 10 minutes each | Knockouts only: availability, location, required licence |
| Phone screen | 15 to 20 minutes | Same five questions for everyone; pay and schedule fit |
| Interview | 45 to 60 minutes | Past-example questions for each criterion |
| Work sample | 30 to 60 minutes, paid if longer | A realistic task from the job |
| References | 2 calls | Confirm the examples you heard |
| Offer | Same week | Written offer; start date after paperwork is ready |
For a first hire, candidates usually come from three places: a job post on a general board or your local community channels, referrals from customers and suppliers, and people who have already asked you for work. Use all three, and put referrals through the same stages as everyone else. Tell each applicant the stages and roughly when they will hear back; a small business that replies promptly stands out.
Ask every candidate the same core questions in the same order. Write down what they said, not what you thought of it. The interview guide template gives you the format, and the reference check template covers the calls.
Questions to avoid
Do not ask about age, family plans, childcare, religion, health, disability, national origin or arrest records. Federal laws enforced by the EEOC generally apply from 15 employees, or 20 for age, per the EEOC's small business facts, but state and local laws often reach much smaller employers, and the questions are a bad basis for hiring anyway. Our list of illegal interview questions has safer alternatives.
A first-hire scorecard to copy
FIRST HIRE SCORECARD – [Role] – [Candidate] – [Date]
Fill in within an hour of the interview, before comparing candidates.
Scale: 1 no evidence 2 some evidence, gaps 3 clear evidence
4 strong evidence with results
Criterion 1: [Reliable follow-through] Score: __
Evidence (their words, one or two lines):
Criterion 2: [Accuracy with numbers/documents] Score: __
Evidence:
Criterion 3: [Organizing competing priorities] Score: __
Evidence:
Criterion 4: [Handling difficult customers] Score: __
Evidence:
Criterion 5: [Working without constant direction] Score: __
Evidence:
Work sample result: [what they produced, errors, time taken]
Logistics: pay expectation [ ] start date [ ] hours ok? [ ]
Concerns to check with references:
Decision: [advance / hold / decline] Why, in one sentence:
Score each candidate before you look at the others. When you compare, total the scores but read the evidence; a 4 on the criterion that matters most can outweigh a lower total. The guide to comparing candidates after interviews shows how to weight criteria.
The federal paperwork checklist
Summarized from government sources as of September 2026. States add their own steps.
| Step | When | Source |
|---|---|---|
| Get an Employer Identification Number (EIN) | Before you hire | SBA hiring guide |
| Register for state and local tax IDs and unemployment insurance | Before first payroll | SBA hiring guide; your state agencies |
| Arrange workers' compensation coverage where your state requires it | Before the first day | SBA hiring guide; your state |
| Choose payroll: in-house or a provider; set pay periods | Before first payroll | SBA hiring guide |
| Form W-4 signed by the employee | When they start work | IRS: hiring employees |
| Form I-9: Section 1 by the employee | No later than the first day of work for pay | USCIS Section 1 |
| Form I-9: Section 2 by you, examining documents | Within 3 business days of the first day of work for pay | USCIS Section 2 |
| New hire report to your state | Within 20 days of hire under federal law; some states require sooner | ACF new hire reporting |
| Required workplace posters and notices | Before the first day | Federal and state labor agencies |
Two cautions. Do not ask for I-9 documents during interviews or before an offer is accepted; it is part of onboarding, not screening. And keep interview notes and scorecards in a folder separate from the employee's payroll and I-9 records, with a retention period; see how long to keep interview notes.
Making the offer and the first week
- Call first, then put it in writing. State the title, pay, hours, start date, location and anything conditional. The offer letter template includes cautions on at-will wording.
- Tell the other finalists promptly once the offer is accepted, not before.
- Prepare day one: paperwork, equipment, accounts, and the first three tasks written down.
- Share the six-month outcomes you wrote at the start. They are now the employee's goals.
- Book a check-in at 30, 60 and 90 days. A first employee has no colleagues to ask; the check-ins are their only regular feedback.
Mistakes owners make with a first hire
- Hiring the first decent candidate. Without a comparison, "decent" is a feeling. Interview at least three.
- Hiring a friend or relative without the process. If they are the best candidate, the process will show it and you will both know the job is clear.
- Describing three jobs as one. Candidates strong at one part are marked down for the others.
- Skipping the work sample. A short, realistic task shows more than another conversation.
- Leaving paperwork to the first day. Payroll and I-9 deadlines start when work for pay starts.
If you interview over video or phone and struggle to take notes while listening, a note-taker can hold the words for you. Interview Signal is one option: it runs on your computer with no bot joining the call and builds a question guide from your job description. A notebook and the scorecard above also work.
Questions people ask
What do I need before hiring my first employee in the US?
At the federal level, an Employer Identification Number, a Form W-4 and a Form I-9 for the employee, and a new hire report to your state. States add their own requirements such as a state tax account, unemployment insurance and usually workers' compensation coverage, so check your state's labor and tax agencies.
Do anti-discrimination laws apply to a business with one employee?
Federal laws enforced by the EEOC generally apply once you have 15 employees, or 20 for age discrimination, according to the EEOC's small business facts. Many state and local laws apply to much smaller employers, so treat fair, job-related interviewing as required from your first hire.
How many candidates should I interview for my first hire?
Enough to compare, usually three to five final-stage candidates after short screening calls. Interviewing one person you already know is the most common first-hire mistake, because you have nothing to measure them against.
Should my first hire be an employee or a contractor?
It depends on the working relationship, not on what you call it. The IRS looks at behavioral control, financial control and the type of relationship, and state tests can be stricter. If you will set the hours, the methods and the tools, treat the role as employment and take advice if unsure.
When should I complete Form I-9 for my first employee?
USCIS says the employee completes Section 1 no later than the first day of work for pay, and you complete Section 2 within three business days of that date. Do not ask for I-9 documents as part of the interview.