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Are Your Job Application Procedures Lawsuit-Resistant?

Job applications and interview notes should hold relevant information on the
basis of hiring decisions and should document the valid reasons for selecting or rejecting applicants. Read on for more best practices.

A best practice for job applications is to require a signed application from all candidates—and not just a submitted resume. This gives the employer the chance to establish a few things up front and help head off potential litigation.

There are four main types of potential lawsuits to keep in mind when designing an employment application:

  1. Discrimination claims
  2. Claims for wrongful termination
  3. Defamation
  4. Invasion of privacy

Employers can fend off these types of claims by taking a few precautions:

  • Include a statement that employment is at-will (that is, either the employee or the employer may terminate the employment relationship at any time and for any reason, other than an illegal reason).
  • Require a signature from the applicant that all of the information the applicant supplies on the application is true, and that any omission or false information will be grounds for rejection of the application or grounds for later termination if the person is hired.

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  • Include an authorization to check references. Checking references prior to hiring is important because an employer can be held liable for negligent hiring if the employer fails to do so and there is some significant problem in the employee’s background.
  • Include an arbitration agreement if your company has chosen to go the arbitration route with employees.

The applicants should initial each provision in addition to signing the application as a whole. Employers should keep applications from nonhires at least 2 years and retain applications from hires the length of employment plus at least 2 years.

Employers are not required to keep unsolicited applications, and those can be sent back to applicants with a note stating that there are no open positions.

Tomorrow, we’ll look at best practices for applicant interviews.

Download your copy of Questions to Ask in an Interview: Interview Questions for Employers today!

 

1 thought on “Are Your Job Application Procedures Lawsuit-Resistant?”

  1. Great reminder about getting signatures for EVERY applicant–it does get overlooked when dealing with resumes instead of applications.

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