Employment forms
Generic Employment application--ESR provides this as a general document only. This type of form is widely available on the Internet and employment and business related web sites. ESR gives no opinion as to the suitability or legality of this form for any particular use. It is intended as a general guide only.
General Notes about employment applicants.
Applications vs. Resumes:
It is generally recommended by human resources professionals and labor lawyers that firms require an employment application to be filled out. There are some firms that accept resumes instead. There can be several potential problems with utilizing resumes instead of applications. First, a resume may contain information that may not be permissibly used in an hiring decision. Secondly, all resumes are written differently, and the lack of uniformity in the hiring process can lead to claims of disparate treatment. Third, resumes typically do not give an employer all the information that is needed. Although a resume may be a valuable addition to the hiring process, an employer enjoys legal and practical advantages by requiring an employment application.
If a firm uses a resume system, there should be a separate form containing the materials described below. From the point of view of safe hiring, it is recommended that all applications contain the language addressing the following issues:
1. That any untruthfulness or material omissions is grounds to terminate the hiring process, or employment, no matter when discovered. This is critical in the situation where an applicant is not truthful about a a criminal conviction. AS discussed in other articles, a criminal conviction cannot be used to automatically exclude a job candidate,without taking into account the nature of the offense, the nature of the job and when the offense occurred. However, if a person has lied about a criminal act, then the dishonesty may become the basis for not offering a position.
2. There should be the broadest possible legal language asking about criminal convictions or pending cases. The attached application has suggested language. Some employers make the mistake of only asking about felonies, and not misdemeanors. However, misdemeanor convictions an also be very serious. For example, if a person brings a concealed weapon to the workplace, that is most likely a misdemeanor. However, that is something an employer would want to know bout. However, in some states there are limits on certain misdemeanors. Also, the application should indicate that a conviction does not automatically eliminate someone from employment. Please see other articles on this web site for more details.
3. A discussed more fully in the ESR special report, "Complying with the Fair Credit Reporting Act in Four Easy Steps ," the actual consent and disclosure form for a background screening must be on a separate document then the rest of the application. Congress specifically intended this in order to ensure that the consent form was not diluted by other language. Forms that contain a release along with other unrelated terms (such as language indicating that employment is at will), should not be on the same page as the consent for a background release. The Disclosure and Release may be on the same form however, but must be separate from the application.
4. ESR also recommends that the employer ask about past addresses for the last seven years. This is typically done on a form provided by a screening company. Since there is no such thing as a national criminal records search for most private employers, past addresses are important to determine the scope of a criminal records search.
5. It is also critical to indicate that any release for a background investigation is valid for future screening for retention, promotion or reassignment, unless revoked in writing. This is absolutely critical for situations where an employer needs to conduct a post-employment investigation, such s a sexual harassment investigation, or for a workplace problems.
For suggested language that should be on every aplication, please see the following sample application.
Stay tuned to this web site for additional articles on employment applications, and nine easy steps that an employer can take immediately hat cost nothing that go a long way towards a safe workplace.
Application for Employment
This Company is an equal opportunity/affirmative action employer. All qualified applicants will be considered without regard to age, race, color, sex, religion, nation origin, marital status, ancestry, citizenship, veteran status, sexual orientation or preference, or physical or mental disability.
| Personal |
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| Last Name First Initial |
Social Security # | ||
| Other Name(s) Used | Home Telephone # ( ) |
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| Address | Business or Message # ( ) |
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| Position Applied For | Referred By | Salary Desired | |
| Have you ever interviewed with the Company or its affiliates before? ¨ Yes¨ No | If yes, list date(s), job title(s) & location(s) | ||
| Have you ever been employed by the Company or its affiliates before? ¨ Yes¨ No | If yes, list date(s), job title(s) & location(s) | ||
| Do you have any relatives employed by the Company or its affiliates? ¨ Yes¨ No | If yes, list date(s), job title(s) & location(s) | ||
| Are you at least 18 years old? ¨ Yes¨ No |
If under 18, do you have a work permit? | ||
| Education |
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| Circle Highest Grade Completed: High School 9
10 11 12 College, Trade or Business 1 2 3 4 |
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School |
Address |
Major Studies |
Degree, Diploma, License or Certificate |
| High School |
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| College/University |
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| Vocational, Business, Other |
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| List Any Professional Designations | |||
| Other Special Knowledge, Skills or Qualifications | |||
| For Clerical Applicants Only: | |||
| Do you type? ¨ Yes ¨ No If yes, WPM: | |||
| Computer Skills (Hardware/Software) | |||
| Employment History |
List all employments for the past 10 years, starting with the most recent position. All information must be completed. You may attach a resume, but not in place of completing the required information. |
| Employed From / / |
Employer Name | Supervisor Name | Starting Salary |
| Employed Until / / |
Employer Address | Supervisor Phone # | Ending Salary |
| Job Title | Reason for Leaving |
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| Duties & Responsibilities | |||
| Employed From / / |
Employer Name | Supervisor Name | Starting Salary |
| Employed Until / / |
Employer Address | Supervisor Phone # | Ending Salary |
| Job Title | Reason for Leaving |
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| Duties & Responsibilities | |||
| Employed From / / |
Employer Name | Supervisor Name | Starting Salary |
| Employed Until / / |
Employer Address | Supervisor Phone # | Ending Salary |
| Job Title | Reason for Leaving |
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| Duties & Responsibilities | |||
| Employed From / / |
Employer Name | Supervisor Name | Starting Salary |
| Employed Until / / |
Employer Address | Supervisor Phone # | Ending Salary |
| Job Title | Reason for Leaving |
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| Duties & Responsibilities | |||
| General |
Yes No
¨ ¨ May we contact your current employer for references?
¨ ¨ If hired, will you be able to work overtime?
¨ ¨ Will you be able to perform the essential job functions for the position you are applying for with or without reasonable accommodation?
¨ ¨ Have you ever been convicted of any crime, (excluding convictions for marijuana related offenses for personal use more then two years old, convictions that have been sealed, expunged or legally eradicated, or misdemeanors for which probation was completed and the case was dismissed by court? (Note: A Yes response does not automatically disqualify your application.) If Yes, please explain.¨ ¨ Are you currently out on bail or released on your own recognizance pending trial? If yes, please explain.
| Certification & Authorization |
The above information is true and correct. I understand that the hiring process will be terminated, or in the event of my employment by the Company, I shall be subject to dismissal, if any information that I have given in this application, the background release form, in any resume or interview or any part of the hiring process is false or misleading or if I have failed to give any information herein requested, or if I have withheld relevant information, regardless of the time elapsed after discovery.
I authorize the Company to inquire into my educational, professional and past employment history references as needed to research my qualifications for this position. I hereby give my consent to any former employer to provide employment-related information about me to the Company and will hold the Company and my former employer harmless from any claim made on the basis that such information about me was provided or that any employment decision was made on the basis of such information. I further authorize the Company to obtain any credit and consumer check. I understand that that the Company wil provide a separate Disclosure and Relese required by law that will permit the Company to make such inquires through the services of a third party.
I understand that nothing in this employment application, the granting of an interview or my subsequent employment with the Company is intended to create an employment contract between myself and the Company under which my employment could be terminated only for cause. On the contrary I understand and agree that, if hired, my employment will be terminable at will and may be terminated by me or the Company at any time and for any reason. I understand that no person has any authority to enter into any agreement contrary to the foregoing.
If employed, I will be required to provide original documents which verify my identity and right to work in the United States under the Immigration Reform and Control Act (IRCA) of 1986. The document(s) provided will be used for completion of Form I-9.
I hereby acknowledge that I have read and agree to the above statements.
Signature
Date
ATTACHMENT: Disclosure and Consent for Background Release