December 28, 2015
The application should also include a candidate’s statement, through which an applicant is given notice and affirms his/her understanding of the information he/she is providing and of what the employer intends to do with that information. A comprehensive applicant’s statement might include the following items:
- Verification that the applicant understands the employer may verify all statements made by the applicant either on his/her application form or during the employment interview;
- Verification that the employer has permission to check references of both former and/or current employers and personal references;
- Verification that the applicant understands the employer may check with law enforcement records and officials to answer any questions and to furnish information regarding the applicant’s criminal history;
- A release from the applicant that the employer will not be sued or held liable for checking references;
- A release asking former or current employers to provide information to the employer upon request (a separate form signed by the applicant might also be used);
- Verification the applicant understands that any false, incomplete or misleading statements, omissions, or admissions on the application, or on any other pre- or post-hire document, may result in disqualification from further employment consideration or termination from employment;
- Verification that the applicant understands that if he/she is hired by the employer, he/she must abide by the policies and rules of the employer;
- Verification by the applicant that he/she understands the employment relationship will be an at-will relationship, i.e., the applicant or the prospective employer has the right to terminate the employment relationship at any time, with or without cause or notice;
- Verification that the applicant understands that if he/she is employed there is no guarantee of a particular position or that the position will be continued for any length of time;
- Verification that the applicant understands he/she may be required to work both scheduled and unscheduled overtime, and possibly weekend and holiday work when requested;
- If applicable, verification that the applicant understands and consents to taking any drug/alcohol tests that may be required, and that refusal to take such a test will result in termination;
- Verification that the applicant understands that, pursuant to the Immigration Reform and Control Act of 1986, if he/she is employed by the employer, the employer must verify legal work authorization and the identity of all new employees;
- Verification that the applicant agrees to a Waiver of Right to a Jury Trial; and
- A signature line and date.
Some employers include a final paragraph following the applicant’s statement in which the employer thanks the applicant for their interest in employment and explains the remaining aspects of the interview process, including time frames for scheduling interviews. Further, it may also provide that incomplete applications or applications containing information not requested will not be considered. (This pertains to defining an “application” – see above discussion.) Not all employers will want to take such a strict position, but those who receive a plethora of applications may want to include such a provision.