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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:
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.
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.
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.htm
What 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.