Applications

joyce

I'd like some feedback on whether to hand out applications to "wak-ins" or just accept their resumes. I beleive there is more liability to the applicant when we allow them to fill out an applicaton as opposed to merely accepting their resume. I believe it may also make a difference if we actually have an opening or not. Your feedback is appreciated.

Margaret Morford

I suggest only taking applications/resumes for jobs you have open. When you get unsolicited resumes, skim them to see if they qualify for current openings and then dispose of them if they do not. Otherwise, your job applicant pool becomes so large that it is hard to manage and difficult to defend yourself if you get an EEOC charge based on a hiring decision. In addition, I would set up a file for each open position. Everybody you interview in person or by telephone becomes a candidate for that position. Have the managers send you all applications/resumes, notes, reference checks, etc. when the process is finished. Put a note in the job file as to who you hired and put all the rest of the documentation into the job file. That way if you do get an EEOC charge based on your selection, you have all the documentation to back up your selection. Keep each job file for a year and then purge. This process assumes that you have trained your managers how to take notes that do not create liability for the company. Call me if you have any questions about my suggestion.

Margaret Morford
theHRedge

Mike Maslanka

could not agree more... if you hire someone from a resume make sure they fill out an application,regardless of the position...in one case i handled that proved decisive to victory because it was the application that had the employee sign off on all the stuff about at will,no incorrect info on the application,release of former employers from liability for speaking their minds...regards from texas,mike maslanka,214-659-4668

joyce

One further step. Does a company have a greater liability if they accept actual applications in addition to resumes? (with or without an actual job opening)

Earendil

If your standard application satisfies legal tests (i.e., does not request protected information, and has the statements/disclaimers Mike mentioned above), you [b]reduce[/b] your liability. As Mike stated, [i]always[/i] have your candidates complete an application in addition to the résumé.

Steve in SD

Gar

Margaret,

Very good advice. One question. Can an employer disqualify a candidate who failed to sign and date the application form in the spaces provided? It seems I read somewhere (many, many moons ago) that such can be done.

Earendil

I hope so, because I've done so. Just above that signature line is (usually) a statement to the effect that the application is truthful, and the signature is an attestation to the truthfulness of the answer on the application.

I can't make a good faith hiring decision, if I'm unsure of the applicant's good faith.

(And of course, a reasonable way out for HR is to return the application to the individual, noting that it's lacking a signature. Interestingly enough, I've [i]never[/i] had an applicant fix the application and bring (or send) it back in!)

Steve in SD

Margaret Morford

Yes. You can disqualify them based on failure to provide sufficient information, failure to follow directions or lack of attention to detail... all of which would be requirements for any job I can think of. However, I worked for one company that put all the disclaimer stuff on the back of the application, so many times people missed it. Steve gave some good advice about returning it to them to complete or just ask them to sign it if you invite them for an interview (if you really like their qualifications).

You didn't ask, but as long as we're discussing applications...I would also add to your disclaimer language a statement that any false information given on the application and/or resume or during the interview process is grounds for immediate termination. Most people do not include "during the interview process" which may help you if they tell you a lie during their interview, not just on paper. Make sure you have documentation of the lie in the interview notes, not just someone recalling he/she said that.

Margaret Morford
theHRedge