Applications necessary in hiring process
Published 10/15/04

Employees are a critical asset of any company and therefore must be chosen wisely. Uniform and effective hiring procedures should be established to assist in consistently hiring qualified employees with the work history and positive attitude to get the job done. One of the more important tools to aid an employer in the hiring process is the employment application.

While a resume from an applicant may also be very useful, one of the benefits of an employment application is the opportunity it gives the employer to make appropriate inquiries in order to make an informed decision about whether to hire an applicant. Therefore it is prudent to consistently require all applicants, even those seeking a senior executive position, to complete an employment application. The application should never contain inquiries for information the employer has no legal reason to base employment upon, such as date of birth or medical history.

Of course an employer should evaluate applicants in a fair, objective, and nondiscriminatory manner and should initially have the employment application form reviewed by legal counsel since gathering inappropriate information on the application may later serve as evidence of discrimination, irrespective of the possible subjective innocent intentions of the employer.

Another benefit of an employment application is that it provides the employer with an opportunity to make clear on a document that the applicant signs that: (a) the applicant, if hired, will be deemed an employee-at-will who may resign or be terminated at any time, and that (b) any employee handbook or personnel policies will not constitute a contract between the employee and the employer. Any handbook or written personnel policies should likewise have such a disclaimer.

The application should also have a statement asserting that the applicant:

•  certifies that all the information provided by him in the application and any attached resume is true and correct;

•  authorizes the employer to check and verify all information on the application and fully releases the employer from any liability resulting from the verification process and that if any misrepresentation or omission is discovered at any time, including subsequent to the applicant having been an employee, it is grounds for discharge;

•  authorizes and requests that all of applicant's present and former employers and personal references furnish information about his employment record including a statement of the reason for the termination of his prior employment, work performance, abilities, and other qualities pertinent to his qualifications for employment and releases them from any and all liability for damages arising from furnishing the requested information.

Resume padding and outright fraud is unfortunately far too common place for employers to not thoroughly verify an applicant's work history.

Applicants should be forewarned that obtaining a position by providing false information can be a basis for termination due to such misrepresentations or omissions on the resume or employment application. Applicants should be very careful in providing complete and accurate information to prospective employers.

J. Daniel Marr is a director and shareholder at Hamblett & Kerrigan, P.A. His legal practice includes counseling businesses and business persons on a variety of legal issues, including employment, and advocating on their behalf. You can reach Attorney Marr by e-mail at: dmarr@hamker.com

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.