It is important for every job applicant to complete a proper employment application. Employment applications can provide a good defense for a wrongful discharge claim. A common example is the employee who lies on their application and then raises a wrongful discharge claim against the employer. Evidence of the employee’s misrepresentation on their job application can diminish or undermine the claim and protect your interests.
Also, an employment application allows you to obtain written consent to perform lawful background checks. For example, before an employer can get a consumer credit report for employment purposes, it must notify the applicant in writing and get written authorization. This allows the employee to withdraw the application if there is information the employee would rather not see disclosed. School records cannot be disclosed without the consent of the student.
The application can be a double-edged sword if it is not carefully constructed. Employment applications have been the focal point of discrimination lawsuits against employers. The EEOC cautions employers to avoid questions that tend to have a “disproportionate effect” in screening out minorities or females. All questions in an application should only seek information necessary to judge if the individual is competent to perform the job.
