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How to Hire Your First Employee as a Small Business Owner

October 5, 2026 · BizForge

What to do before you post the job

Hiring your first employee transforms your business from a solo operation into an employer with legal obligations. Several requirements must be in place before your first hire starts working.

  1. Get an Employer Identification Number: if you do not already have an EIN from the IRS, apply online at the IRS website. The process is free and produces your number immediately. You need this for all payroll tax filings
  2. Register with your state: most states require you to register as an employer with the state labor department and revenue agency for unemployment insurance purposes
  3. Set up workers compensation insurance: required in most states before your first employee starts. Premiums vary significantly by industry, with office-based work carrying lower rates than construction or manual labor
  4. Choose a payroll system: payroll software handles tax withholding, direct deposit, and required filings. Do not attempt to manage payroll manually because the penalty risk for filing errors outweighs the cost of a payroll service

Budget for employer costs above the base wage rate. Employer-side payroll taxes, workers compensation, unemployment insurance, and payroll processing fees typically add fifteen to twenty-five percent on top of the hourly wage you pay.

Writing a job posting that attracts qualified candidates

Vague job descriptions waste weeks of your time and attract unqualified applicants. An effective job posting includes specific elements that filter candidates before they apply.

Where to find candidates

A simple interview process

For your first hire, keep the process straightforward with three stages that progressively filter candidates.

  1. Phone screen: a brief initial call to confirm availability, compensation expectations, and basic qualifications. This step eliminates roughly half of applicants before you invest more time
  2. Working interview or trial task: assign a small real task relevant to the role. A practical demonstration of ability is far more reliable than any resume or interview answer
  3. Final interview: evaluate culture fit, discuss your business in more detail, and answer the candidate's questions. Pay attention to the quality and thoughtfulness of the questions they ask you

Check references by actually calling them. Ask whether they would hire this person again and listen carefully to the response. This step takes minutes and prevents months of regret.

Paperwork required on day one

Employee versus independent contractor

Misclassifying an employee as an independent contractor is one of the most costly mistakes a small business can make. The IRS evaluates three factors to determine the correct classification.

Misclassification exposes you to back payroll taxes, penalties, and the employee's share of taxes that should have been withheld. The consequences are substantial and the common excuse that other businesses do it the same way provides no legal protection.

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