Why Is a Job Application a Legal Document
“When an application is signed and dated by the applicant, it becomes a legal document that gives recourse to the employer if it is subsequently determined that the applicant or employee has falsified information,” Smart HR writes. We have many organizations in the Washington D.C. area that provide services to the U.S. federal government. As a result, the government is requesting additional information on candidates who apply and are hired to provide these services. Specifically, the U.S. federal government is looking for contractors to collect and retain information about applicants, such as race, gender, and ethnicity. As this information cannot be included in the application, we recommend that applicants provide a voluntary self-identification form to collect the required information. There are several reasons why you need an application: Since both documents contain much of the same information, is it really necessary to require applicants to complete an application in addition to their resume? The short answer is yes, and here are some reasons. Over the course of my career, I have heard a variety of reasons why a candidate does not complete an application. The most popular reasons I`ve heard are: These days, the typical app tends to consist of two strangely repetitive steps. Prior to joining LegalMatch, Daniel worked as a legal writer for a large HR compliance firm, focusing on employer regulatory compliance in many areas of law, including health and safety law, health law, wage and time law, and cybersecurity. Previously, Daniel worked as a litigator for several small law firms and handled a variety of matters, including real estate matters (property rights, landlord-tenant disputes, foreclosures), labour law (minimum wage and overtime claims, discrimination, workers` compensation, industrial relations), construction law and commercial law (consumer protection law and contracts).
Daniel holds a J.D. from Emory University School of Law and a Bachelor of Science in Biological Sciences from Cornell University. He was admitted to the New York State Bar and the Georgia State Bar. Daniel is also licensed to practice before the U.S. Courts of Appeals for the 2nd and 11th Circuits. You can learn more about Daniel by visiting his Linkedin profile and personal page. As we just mentioned, it`s important for your organization to nominate a candidate, not just a resume. While it takes some effort to create an application and anchor it in your new hiring process, the benefits of an application far outweigh the costs. Compared to a resume, an application can become a legal document for your organization to: LawDepot adds that lying about an application can leave the requester vulnerable to prosecution, fines and, depending on the severity of the lie, jail time. The application must be addressed to anyone applying for a job outside the company.
It should be required regardless of the position so that all potential employees have similar experience and receive similar treatment. For people who are already employed by the company and wish to apply elsewhere in the company, a separate and abbreviated application form is usually used. Your reputation can be irreparably damaged if you lie about an application or resume. In the age of transparency via social media, job seekers need to be very careful to be honest and accurate about how they represent themselves. Criminal History: Many state and local laws, often referred to as “banish the box” laws, require employers to remove criminal questions from job applications in order to protect applicants and candidates convicted of a criminal from automatic disqualification during the selection process. Maryland, Montgomery County, Maryland, and the District of Columbia all have prohibition laws. Note that each state may have different laws regarding app violations. For example, California`s enforcement laws may differ from those of other states. Again, it is advisable to have an employee application reviewed by a lawyer to avoid possible complications. In addition to compliance-related approvals and confirmations, most applications also include a section where an applicant must confirm that the information they provide is complete and accurate. The same section also informs the candidate that the false statement or omission of facts may result in the rejection of his application for the position or, if abandoned, disciplinary measures up to and including dismissal.
A resume does not have this type of agreement, which puts your organization at a significant disadvantage if you discover information that contradicts what was stated on the resume. We have seen a case of embezzlement. The employer had only one CV. The insurance company would not pay the deposit guarantee because there was no evidence of due diligence without a signature indicating that the facts presented were accurate and true. Recently, we saw a claim form with an arbitration agreement attached. In California, you can`t arbitrate workers` rights! This request had been examined by a lawyer. Not all lawyers are experts in labour law. In fact, there are only a few. Here are our recommendations: Some laws require employers to retain applications – whether or not the person is hired – for up to one year from the date of the application. The employer is generally not required to review applications submitted when new jobs become available, but must have records of applications submitted to the company. Once hired, applications become part of the employee`s permanent file. These employee files are increasingly stored in electronic files.
If the conflicting information is not work experience or education, but religion or gender, it is not legal for the employer to discriminate against the applicant because of this. Religion and sex are constitutionally protected personal characteristics. For example, if an employer discovers through a social media site that their candidate is transgender, it would be illegal to consider this personal trait when making a hiring or firing decision. By requiring all applicants to complete the same application to receive the same information from all, employers can comply with equal opportunity laws. Employers who rely solely on resumes for a candidate`s experience, certifications, and training risk unintentional bias in hiring decisions. An application allows employers to quickly and fairly search for a candidate`s ability to meet the minimum requirements of a position. There are several potential pitfalls when designing an application form. On an application form, it is not allowed to follow any of the following lines of questions: While most human resources and employment lawyers answer with an emphatic “YES,” some organizations – both state-owned and non-governmental contractors – do not require candidates to complete an application during the interview or the new hiring process.
Does a candidate applying for your vacancy need to complete an application? Here are some tips from Steptoe & Johnson that you can use when creating an app to reduce the likelihood of discrimination complaints: While a well-designed app can be a valuable screening tool and mitigate liability, a poorly written application can result in labor practice liability claims. Often, liability claims arise from issues raised in an application that may provide information about a claimant`s protected class, such as age, race, gender, disability, etc. Although many state and federal equality laws do not directly prohibit employers from asking such questions about a claim, these types of claims can be used as evidence of an employer`s intent to discriminate, unless the questions asked cannot be justified by the employer`s business purpose. The guiding principle behind each application question should be: “Can the employer prove occupational necessity for the question?” The EEOC investigates the intent behind the questions in the application and how the information obtained is used to determine whether there is discrimination in the investigation of discrimination complaints.