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Application for Employment

June 27, 2022 10468

Why should I use an application if I have a candidate's resume?

All applicants should be required to complete an employment application prior to being interviewed. Though resumes are helpful, they often do not contain the range of information that an employment application can reveal. Application should contain the following examples:

  • A section for the candidate to list all prior employers, dates of employment, position held, name of supervisor and reason for leaving.
  • A question asking if the applicant is legally authorized to work in the United States.
  • A question if the candidate has reliable transportation to work.
  • An authorization to check references.
  • An acknowledgement that any offer of employment will be employment at will.
  • A certification that all information provided is true and correct and that if any information is any falsified or omitted, the candidate will not be eligible for employment, or if employed, will be subject to termination.               

Use this California-specific application developed by CDA to help evaluate a candidate’s experience and skills. 

Obatining Criminal History Information

California law prohibits employers from obtaining any conviction history information during the application process. Ensure that any application in use by the practice does not include questions seeking prior criminal history information. An employer may not seek conviction history information until after a written conditional offer of employment has been made. Once an employer has made a written conditional offer of employment, there are still specific rules, and restrictions on the type of information that can be obtained and what you can do with the information. Before you decide not to hire an applicant because of his/her criminal background, you must provide the applicant with specific notices and the opportunity to respond, in addition to other requirements. 

Employers are encouraged to work with a reputable background check company.

Prior Salary Inquiries

California law prohibits employers from asking about a job applicant's current or salary history, including information on compensation and benefits. Employers also cannot rely on salary history information as a factor in determining whether to hire the applicant or how much to pay the applicant. In addition, train your employees involved in the recruiting and interviewing process that they can't ask applicants questions about their salary history.

Email and Social Media Inquiries

Employers can’t ask for a job applicant’s email address or other social media information. (California Labor Code section 980)

Applications of candidates who were considered, but not hired must be retained for at least two years. 

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