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Human Resources HandBook: Benefits of a Job Application
By Peter J. Ennis, Esq., Buchanan Ingersoll & Rooney, PC
Most employers require applicants to either submit a resume or fill out a job application. Even where a resume is submitted, I recommend that the applicant also complete a job application.
The Benefits of Requiring Each Applicant to Complete an Application
At its most basic level, a job application is a short document (it can be two pages long) document that enables the employer to get basic information on whether the applicant meets the minimum requirements of the job. It does not restrict an employer that wants to ask for additional information.
An application also has several other benefits. First, one of the points raised in my initial post is that a key factor in most employment-related lawsuits is how has the employer treated similarly situated employees? A job application is one way for the employer to ask for the same basic questions of each applicant for a particular position.
Another benefit of a separate job application is it makes it harder for the applicant to provide misleading, if not false, information. A job application can ask for the month, day and year when the applicant left previous positions, while a resume allows the person to say he left employment in one year and started a new job the next year when, in fact, the person was out of work for 18 months. Being unemployed is not grounds for refusing to consider someone, but the detailed question in the application enables the employer to easily ask necessary follow up questions. Similarly, a question on an application asking whether an applicant received a degree from a school enables the employer to distinguish applicants who have attended, but not graduated from school.
A third benefit is that it allows the employer to get information that is sometimes, rarely, or never included in a resume. This would include information on criminal convictions, names of previous supervisors, reasons for leaving previous employers, salary information and contact information for and relationship to people who will provide references. All of the foregoing information makes it easier for employers to ask appropriate follow up questions.
A fourth benefit is that most applications will contain a statement at the end that employment with a company is “at will,” pursuant to which both the employer and applicant can terminate the relationship at any time with or without notice. Such a statement is helpful if the applicant later tries to argue that she had a contract for a particular period of time or a contract which limited the company’s right to terminate her.
There should also be a statement at the end of the application saying that the applicant verifies that all of the information provided is true and accurate. Once again, if there is a future dispute about the applicant’s qualifications, such verifications are often relied upon by employers in arguing that they were either justified in hiring the employee or have grounds to terminate the employee for misrepresentation.
Finally, resumes may be submitted far in advance. A job application is something that should be completed when the applicant is actually going to be considered for a position. That timing may be an important factor in helping to protect the company against claims that it failed to consider the resumes from unsolicited applicants.
Are There Risks In Using A Written Job Application?
As I have said many times, good documents are better than no documents, but no documents are better than bad documents. With job applications, if an employer simply downloads a form application from the internet, without checking on whether the questions being asked are lawful, the application form can actually be used against the employer. For example, does the application ask for the employee’s birth date, as opposed to asking whether the applicant is at least 18 years of age or over (information on birth dates can be asked once the employee is hired and is completing forms for benefits)? Does it ask what organizations the employee belongs to (as opposed to organizations that are related to the job for which the applicant is applying; e.g., for lawyers, the application might ask about bar associations to which the applicant belongs)? Does it ask for arrest information (in Pennsylvania, employers can only ask about felony and misdemeanor convictions). Does it ask questions about health or the employee’s limitations (prohibited under the Americans with Disabilities Act)? If an employer is using an application which contains these types of questions, it would be better off not using an application at all.
Best Practices in Job Applications
For the reasons set forth above, it is important for a human resource professional or employment lawyer to review a job application before it is used, to ensure that unlawful questions are not be asked.
In addition, every application should say that the employer is an equal opportunity employer and will provide reasonable accommodations in the application process and in employment for disabled applicants.
Next, a form application is just that – a form that may be of general use. The question is whether it is useful for your company. For example, if positions in your company require a certain degree, skill or expertise, if the job application does not ask for that information, then it fails the basic test of providing basic information to determine whether the applicant meets the minimum requirements of the job. For the foregoing reason, some employers use different application forms for different types of positions. While every applicant for the same position or group of positions needs to complete the same job application (for purposes of uniformity and lawfulness), employers are allowed to tailor job applications to obtain relevant information for different types of positions.
Is It Hard To Prepare a Good Job Application?
No. While I would not just rely on a form downloaded from the internet, the internet is a good place to look for other examples. You can also ask friends and colleagues in other businesses if you can review their forms. Therefore, even if you are a small company, you do not employ a full-time human resource professional, or you want to retain discretion over employment decisions (each of the foregoing being reasons why some employers do not like to use employment documents), none of those constitutes a reason not to use a good job application.
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2013-03-28 06:03:40
Source: http://www.techburgher.com/talent/human-resources-handbook-benefits-of-a-job-application/
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