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- Americans with Disabilities Act
- At-Will Employment
- Criminal Record
- Drug/Alcohol Testing
- Eligibility to Work in The United States
- Employment of Individuals Under Age 18
- Equal Employment Opportunities
- Position Sought by An Applicant
- Reference Checks
- Referral Source
If an employer has 15 or more employees, the federal Americans with Disabilities Act limits the type of questions that the employer may ask. The Act also limits the type of medical examinations that the employer can require before the employer makes a conditional offer of employment. However, an employer may ask an applicant if he or she can perfor...
The general rule regarding at-will employment is as follows: When an employee is at-will, either the employee or the employer can terminate the employment relationship at any time and without cause. An employer may wish to include an at-will disclaimer in the Job Application. The disclaimer should make it clear that the at-will relationship can be ...
An employer should be cautious about seeking information regarding an applicant's criminal record. In most states, it is legal for an employer to ask about an applicant's criminal record. However, in some states, it may be illegal for an employer to make an employment decision based on an applicant's criminal record. Therefore, if an employer decid...
Some employers may wish to conduct drug/alcohol testing of applicants. Under the federal Americans with Disabilities Act (which applies if an employer has at least 15 employees), an employer cannot conduct an alcohol test of an applicant before a conditional offer of employment has been made. In addition, state and local laws regarding drug/alcohol...
You may want to ask, in a consistent and straightforward manner, if the applicant is eligible to work in the U.S.
There may be limitations on the number of hours that these individuals can work on school nights as well as limitations on the type of work they can do. Federal law also forbids individuals between the ages of 16 and 18 from holding certain types of jobs. In addition, state law may impose restrictions on child labor. If your organization hires indi...
Federal law prohibits employers of 15 or more employees from discriminating on the basis of race, color, national origin, religion, gender, or disability. Federal law also prohibits employers of 20 or more employees from discriminating on the basis of age. Employers of fewer than 15 or 20 employees may be prohibited from discriminating on these sam...
An employer will be interested in knowing what position an applicant is seeking for purposes of planning for its workforce. In addition, an employer may have concerns regarding whether an applicant will be able to perform a particular job. Under the federal Americans with Disabilities Act (which applies if an employer has at least 15 employees), an...
An employer may want to obtain information about an applicant from a former employer or educational organization. Because these sources may be unwilling to provide information, an employer may want to ask an applicant to sign a specific waiver that authorizes the employer to contact the applicant's former employers and educational organizations. Ev...
The referral source can be an important piece of information for employers. However, it should be noted that there have been some discrimination cases filed against employers because they hire primarily by "word-of-mouth." Usually, such cases involve claims that word-of-mouth referrals lead to workforces that are racially unbalanced.
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Law Firm: Conkle Law Office. Location: Columbus. Licensed In: OH. Areas Of Law: Bankruptcy and Debt, Consumer Protection, Taxes, Business, Industry Specialties, Courts and Lawyers, Personal Injury, Housing and Real Estate.
