Free Employment Application

The general rule regarding at-will employment is as follows: When an employee is at-will, either the employee or the employer can terminate the employment relationship at any time and without cause. An employer may wish to include an at-will disclaimer in the Employment Application. The disclaimer should make clear that the at-will relationship can be changed only by a written contract signed by a designated representative of the company. If the employer has an employee handbook, an at-will disclaimer should also be prominently placed near the beginning of the handbook and included on the form that the employee signs to acknowledge receipt of the handbook.

An employer should be cautious about seeking information regarding an applicant's criminal record. In most states, it is legal for an employer to ask about an applicant's criminal record. However, in some states, it may be illegal for an employer to make an employment decision based on an applicant's criminal record. Therefore, if an employer decides to ask about an applicant's criminal record on the Employment Application, the Application should explain that a criminal record will not, by itself, eliminate an applicant from consideration unless it is relevant to the type of employment being sought. It is strongly recommended that an employer discuss this issue with an attorney familiar with employment law before asking questions about an applicant's criminal record.

Some employers may wish to conduct drug/alcohol testing of applicants. Under the federal Americans with Disabilities Act (which applies if an employer has at least 15 employees), an employer cannot conduct an alcohol test of an applicant before a conditional offer of employment has been made. In addition, state and local laws regarding drug/alcohol testing vary greatly. Therefore, an employer should consult a local attorney who is familiar with employment law prior to conducting drug/alcohol testing of applicants.

Employers generally ask prospective employees to complete a written Employment Application in order to determine if the applicant's work experience, education, and certain other qualifications make him or her a viable candidate for the available position.

Employers can ask for an applicant's name, address, educational background, and certain other qualifications, such as typing skills. Other information that may be sought includes previous employers and personal references. However, employers may not ask questions about race, religion, sex or age.

Laws governing employment are very specific regarding what is legal to ask on an Employment Application or during a job interview. It is essential to be familiar with these laws when undertaking to hire applicants for any position.

Related Help Articles

Understanding Work-for-hire, Consulting and Employment Agreements
Forms for Hiring Employees or Contractors
What to Include in an Employment Agreement
Common Types of Employment Forms
Important Facts About Non Disclosure Agreements

Federal law forbids employers of 15 or more employees from discriminating on the basis of race, color, national origin, religion, gender, or disability. Federal law also forbids employers of 20 or more employees from discriminating on the basis of age. Employers of fewer than 15 or 20 employees may be forbidden from discriminating on these same grounds by state or local law. In addition, state or local law may forbid employers from discriminating on grounds such as sexual orientation, marital status, personal appearance, arrest record, or conviction record. Employers are strongly urged to consult local attorneys regarding the applicable anti-discrimination laws. If an employer does governmental contract work or receives federal funds, federal affirmative action and EEO-1 reports may be required. Again, employers should consult with attorneys regarding such matters.

An employer will be interested in knowing what position an applicant is seeking for purposes of planning for its workforce. In addition, an employer may have concerns regarding whether an applicant will be able to perform a particular job. Under the federal Americans with Disabilities Act (which applies if an employer has at least 15 employees), an employer cannot decide whether someone is qualified for a job based on his or her medical status unless (1) he or she would pose a direct threat of harm to others in the workplace or (2) he or she cannot perform the "essential functions" of the job with or without reasonable accommodation. An employer may wish to catalog the essential functions of its positions before questions regarding disability discrimination arise.

An employer may want to obtain information about an applicant from a former employer or educational organization. Because these sources may be unwilling to provide information, an employer may want to ask an applicant to sign a specific waiver that authorizes it to contact the applicant's former employers and educational organizations and authorizes the former employers and educational organizations to communicate information regarding the applicant's employment or education. Even with such a waiver, a former employer may refuse to release information other than verification of employment, dates of employment, and the position held. Because the law regarding reference checks varies substantially from state to state, an employer should consult a local employment law attorney to ensure that its actions comply with the applicable state requirements.

The referral source can be an important piece of information for employers. However, it should be noted that there have been some discrimination cases filed against employers because they hire primarily by "word of mouth." Usually, such cases involve claims that word-of-mouth referrals lead to workforces that are racially unbalanced.

1. The Employment Application should be signed and dated by the Applicant on the appropriate line of the Application.

2. It is not necessary for the employer to sign the Application.

3. It is not necessary for the signing of the Application to be witnessed or notarized.