Can the conditions of employment be stated in the application?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 15, 2021

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Yes. An employment application also gives an employer the opportunity to state the conditions of employment. The prospective employee who signs the application acknowledges his or her consent to these conditions. For example, an application may provide the following:

I hereby declare the information provided by me in this application is true and complete, and I understand that falsification of this information is grounds for refusal to hire or, if I’ve been hired, for termination.

I authorize any of the persons or organizations referenced in this application to give you and any of them all information that is lawful and truthful concerning my previous employment, education, or any other information they might have, personal or otherwise, with regard to any of the subjects covered by this application, and I release all such parties from all liability for any damage which may result from furnishing such lawful and truthful information to you.

In consideration for my employment with your company, I agree to conform to the rules and regulations of the company as set forth in the company’s employee handbook and acknowledge that these rules and regulations may be changed, interpreted, withdrawn, or be added to by the employer at any time, at the employer’s sole option and without any prior notice to me.

I further acknowledge that if I am employed by the employer, my employment will be at will, and may be terminated with or without cause at any time by me or by the employer.

I understand that no representative of the company has any authority to enter into any agreement for employment for any specified period of time or to assure any benefits or terms and conditions or employment other than those set forth in the employee handbook, either prior to commencement of employment or after I have become employed.

You might consider also including the following sentence, but you should first consult an attorney as it may come up against the privacy rights of employees and applicants: I consent to a physical examination, which includes a drug test, either prior to commencement of employment or after I have become employed, as deemed necessary by the employer.

The above list is only a sample of possible conditions. There are obviously numerous other conditions that can be included in an employment application, depending on the circumstances of each employer. If an employee misrepresents something on an employment application, this may provide an employer with a good defense to an unemployment compensation or workers’ compensation claim, as well as other types of claims, particularly if the employer can demonstrate that it is its policy to terminate employees who lie on their application.

(Reviewed 9-08)

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