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Employment Forms - How to Comply with Employment Law
Employment forms are essential at every stage of the employment process- beginning with the interview process, then the hiring process, during employment, and even at termination of employment. Employment forms, such as an employment application form, employment verification form, non-disclosure agreement, etc., are a staple for every employer's personnel files. Even if consultants and independent contractors are hired, employment contracts, such as contracts for hire and confidentiality agreements to protect trade secrets, are vital.
Let's take a look at some popular employer forms needed at certain stages:
Interview Process
Letters of recommendation - Letters of recommendation can be very helpful in getting the position you apply for, or at least getting in the door. Consultants and independent contractors may use letters of recommendation often.
Job applications - A job application will give an employer important information, but an employer's applications for job openings need to comply with employment law to avoid discrimination charges. An employment application form may also be governed by local notice requirements. Generally, applications for job positions must not be discriminatory. Therefore, job applications shouldn't ask certain questions unrelated to the position.
Consent to background check and criminal records check - A consent to background check and criminal record check will often be requested from an applicant. An employer may also check the prospective employee's credit history. Certain notices need to be given to the applicant when doing a background check or criminal record check describing his or her rights if the records cause the applicant to be rejected for the position. The consent to background check, criminal records check, or credit check is primarily governed by federal statutes.
Employment law guide - Helpful employment law guides can help you formulate employment policies, organize your personnel files, and use the employer forms you need.
Hiring Process
Offer of employment - The terms of an offer of employment become binding once accepted by the new employee.
Employment eligibility verification form - An employment verification form is used to verify a person's legal status to work in the country. Presenting records of proof of employment eligibility is required by law. Then a employment eligibility verification form is completed by the employer.
Employment policies - The employment policies provide guidelines for important employee rights like benefits and causes for termination.
Pre-employment physical form - A pre employment physical form is used to get employee consent to be examined for physical fitness.
Confidentiality, nondisclosure, and non-compete agreements - Confidentiality and non-compete agreements help protect an employer's trade secrets and confidential information from disclosure after employment termination.
Termination of Employment
Exit interview form - An exit interview helps document the circumstances in case a wrongful termination claim arises after employment termination.
Non-compete and non-disclosure contracts - Non-compete and non-disclosure contracts may be signed now if not signed prior to employment termination. However, the employer has less leverage in having a non-compete or confidentiality agreement signed after employment termination and may need to offer something in exchange for signing such a noncompete or nondisclosure form.
Employment FAQs
Can I be required to consent to a drug test or background check when I fill out a job application?
If a criminal records check, credit history check, or drug test is required as a matter of employment policies in hiring, it is your right to withhold consent. However, if you won't give consent to a criminal records check, background check, credit history check, or drug test, the employer has a right to reject your employment application.
Do I have a right to see my personnel file?
Personnel files covering information like hours worked and compensation earned are required to be kept by the employer by the Department of Labor. For further information about the information required in personnel records, see:
http://www.dol.gov/dol/topic/workhours/hoursrecordkeeping.htmWhat types of employment forms does an employer need?
Different forms are needed at stages such as the interview process, hiring process, up to employment termination. Forms such as an employment verification form or notice of rights on a consent to a background check or criminal records check are required by law. Other employment forms and contracts, such as confidentiality, nondisclosure, and non-compete agreements are recommended to protect an employer's trade secrets and competitive edge. Even when dealing with independent contractors and consultants, employment contracts and letters of recommendation are advised.
Some popular sample employer forms include:
- Non-disclosure and confidentiality agreements
- Non-compete agreements
- Employment eligibility verification form
- Pre employment physical form
- Proof of employment
- Job applications
- Workers compensation forms
- Letters of recommendation
- Employment Law Guide
- Offer of employment
- Notice of COBRA rights
- Employment policies such as vacation policy, Internet policy, etc.
- Services contract of consultant or independent contractor
What should an employment application form not ask?
During the interview process and hiring process, it is important to avoid asking questions in person or on an application for job openings that may cause a claim of discrimination to arise. Eligibility for the job should not be influenced by discrimination on grounds like age, sex, race, nationality, religion, or disability. The employment application forms offered by US Legal Forms comply with the employment law of all states.
What are my rights regarding employment termination?
Unless you have a contract or union agreement, employment termination is generally covered by the employment policies of the employer and termination may be made without cause or giving a reason, as long as illegal discrimination isn't involved. If you signed a noncompete agreement, your rights to pursue a similar trade within a certain distance or time period may apply. You should read any non-compete agreement to determine applicability. A COBRA notice should be provided explaining your rights to continued health insurance coverage. Letters of recommendation should be sought, but are not a right. State employment law will determine final payday schedules. Employment policies cannot contradict state employment law.
Do you have forms for consultants and independent contractors?
Yes, we offer forms for consultants and independent contractors, such as employment applications, letters of recommendation templates, nondisclosure and noncompete agreements, and services contracts.
Employment Packages
We offer Employment Packages for many employment matters. USLegal Forms offers form packages at a great discount. Get all of the forms you need for a specific employment process or action!
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Employment by Subject Matter
Applications & Employment Procedures
Employment Agreements & Contracts
- Employment Agreements
- Attorney Client
- Retained Employees Agreement
- Incentive Plans
- Master Employment Agreement
- Contracts - Construction
- Employee Matters Agreement
- Executive Employment Agreement
- Stock Bonus Plan Agreement
- Employee Retirement Agreement
- Nondisclosure & Proprietary Rights Agreement
- Employment and Royalty Agreement
Services Employment Agreements
Consultants
Independent Contractors
Records and Termination
Non-Compete and Confidentiality
Entertainment
Agency Agreements
Insurance Matters
Other
Laws, Information and FAQ
Answers to many employment questions can be obtained from these sites:
U.S. Department of Labor - Bureau of Labor Statistics
Equal Employment Opportunity Commission - investigates and sometimes litigates claims of discrimination due to race, age, sex, national origin, religion and disability.
Employer Labor Posters - Download
» State laws which set the minium hourly pay amount. Some States rates are higher than the federal minimum.
» State laws regulating the minimum length of lunch for employees.
Child Labor Laws - Non-Farm Employment
Child Labor Laws - Farm Employment
» State laws regulating the minimum age that children may work.
» State laws regulating door to door sales by minors.
» State laws regulating required paydays or pay periods.
» 41 U.S.C. § 1671 and 29 CFR Part 870. The wage garnishment provisions of the Consumer Credit Protection Act (CCPA) protects employees from discharge by their employers because their wages have been garnished for any one debt, and it limits the amount of an employee's earnings that may be garnished in any one week. CCPA also applies to all employers and individuals who receive earnings for personal services (including wages, salaries, commissions, bonuses and income from a pension or retirement program, but ordinarily not including tips).
Questions and Answers (FAQ)
Right to Work
Q: What are right to work laws?
A: This means the the State has a law forbidding an employer from agreeing that union membership will be required of its employees.
At Will Employment
Q: What is "at will" employment?
A: This means that the employer can discharge you with or without cause, and for basically any unprotected reason.
Discrimination
Q: What is discrimination in employment?
A: Discrimination due to race, color, national origin, sex, religion, age (if over 40), disability and retaliation due to various protected activities, such as opposition to unlawful discrimination, and participation in proceedings to investigate and correct unlawful discrimination.
Employee Files
Q: Can I receive a copy of my employment file from my employer?
A: It depends on the laws of your State. Most States do not require that an employer maintain an employee file. Oregon is one state that requires that the employor provide the employee with a copy of the file. However, every employer covered by the Fair Labor
Standards Act (FLSA) must keep certain records for each covered, nonexempt worker.
Lie Detector
Q: Can my employer require that I take a polygraph (lie detector test).
A: No.
Part Time Employment
Q: What is part time employment?
A: Under 35 hours a week. State laws may vary. See DOL
See other FAQ from the U.S. Department of Labor on the following subjects:
Retirement Plans & Benefits
Federal Employment Related Acts and Laws
ADA
Americans with Disabilities Act, 42 U.S.C. 12101 et seq. Title I prohibits discrimination in employment. The rest of the Act requires various public accomodations for disabled individuals. See ADA
ADEA
Age Discrimination in Employment Act, 29 U.S.C. 621 et seq. Applies to people over 40. See ADEA
COBRA
Consolidated Omnibus Budget Reconciliation Act of 1985. 29 U.S.C. 1161 et seq., which provides for continuation of health insurance after termination of employment. See COBRA
EPPA
Employee Polygraph Protection Act, 29 U.S.C. 2001 et seq. This law does not apply to government employment.
ERISA
Employee Retirement Income Security Act of 1974. Governs employee retirement and welfare benefits. Most health insurance, 401k, profit sharing and even some severance plans are governed by ERISA.
FMLA
Family and Medical Leave Act, 29 U.S.C. 2601 et seq. See Family Medical Leave Act
NLRA
National Labor Relations Act, 29 U.S.C. 141 et seq. Regulates Unions.
NLRB
The National Labor Relations Board is a federal agency charged with enforcing the NLRA.
OWBPA
Older Worker Benefit Protection Act, 29 U.S.C. 626(f). Sets certain requirements that must be met before an employee can effectively waive the right to make a claim of age discrimination.
RLA
The Railway Labor Act, 45 U.S.C. 151 et seq.
TITLE VII
Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. Prohibits discrimination in employment due to race, color, religion, national origin or sex. See DOL Pages
Other issues:
Decisions of the Administrative Review Board
By Date - May 1996 to Present
