Job descriptions and applications

When hiring employees, employers should be careful not to misrepresent the nature and responsibilities of the job.  Job descriptions are a helpful way to ensure that an employer has a clear idea of the position it is trying to fill, thereby increasing the likelihood that an employer will hire an employee who can successfully perform the relevant job.

Job descriptions

The first step an employer should take before beginning the employment application and hiring process is to write a comprehensive job description for the position to be filled.  This will allow the employer to pinpoint the exact qualifications required for the position and will assist greatly in the hiring process.  It is often helpful for an employer to ask the supervisor of the position and/or other employees holding the position to review the job description once drafted to ensure that it is an accurate description.  It is also important that job descriptions be kept up to date as job duties and requirements change over time.

Check list for preparation of job descriptions

• Job title and department
• Identify the job title and department of the position that requires filling.
• FLSA status
• Identify whether the employee will be exempt or non-exempt under the FLSA.
• Reporting relationship
• Identify the job title of the person to whom the employee will be reporting and the job title(s) and number of people who will be reporting to the employee.
• Location
• Identify where the job will be performed; any travel should be clearly delineated.
• Principal purpose or objective
• Short statement as to why the job exists.
• Essential functions
• Identify the key tasks or responsibilities of the position that make a substantial contribution to the job and organization.
• Physical demands
• Identify any physical demands and/or requirements required by the position (for example: heavy lifting, climbing, kneeling, walking, standing, hearing, and eyesight).
• Skills
• Identify technical skills that are required for the position.
• Experience
• Determine the work experience, training, and/or level of education necessary for the position.
• Special working conditions
• Identify particular working conditions which are important to the position (for example travel, hours or work).

Sample job description form

Job Title: ____________________________________________________________

Date of this Description: __________________________________________________________

Job Summary: ____________________________________________________________

FLSA Status: ____________________________________________________________


ESSENTIAL JOB FUNCTIONS(listed in order of importance):

1.

2.

3.

4.

5.


OTHER JOB FUNCTIONS:

1.

2.


Skills Required to Perform the Duties of the Job:

1.        

2.        


Educational Requirements Needed to Perform the Duties of the Job:

1.        

2.        


physical Requirements to Perform the Duties of the Job:

1.        

2.        


Licensing or Other Special Certifications Required:

1.        

2.        




Job Description Approved by:_____________________________________________________

                                                                                   

Employee Signature/Title:_____________________             Date:_________________________


***THIS COMPANY RESERVES THE RIGHT TO MODIFY, INTERPRET, OR APPLY THIS JOB DESCRIPTION IN ANY WAY THE COMPANY DESIRES.  THE ABOVE STATEMENTS ARE INTENDED TO DESCRIBE THE GENERAL NATURE AND LEVEL OF WORK BEING PERFORMED BY PEOPLE ASSIGNED TO THIS JOB.  THEY ARE NOT INTENDED TO BE AN EXHAUSTIVE LIST OF ALL RESPONSIBILITIES, DUTIES AND SKILLS REQUIRED.  THIS JOB DESCRIPTION IS NOT AN EMPLOYMENT CONTRACT, IMPLIED OR OTHERWISE.  THE EMPLOYMENT RELATIONSHIP REMAINS “AT-WILL.”  EVERY EMPLOYEE IS EXPECTED TO PERFORM ADDITIONAL JOB DUTIES NOT LISTED HERE IF REQUESTED BY THE EMPLOYEE’S SUPERVISOR(S).

Applications

Once a job description has been prepared, an employer can begin the process of advertising the available position and screening qualified applicants.  The first step in the candidate screening process is the employment application.  It is important that the application only request information pertinent to the job at hand, and avoid any questions that could lead to an unlawful discrimination claim.  For example, employers are advised not to request any information that would provide the employer with the age of the applicant, such as the applicant’s birth date or graduation dates pertaining to any education institutions the applicant may have attended.  If such information is provided, it could lead to claims of age discrimination by the applicant if he or she was not chosen for the position.  Similarly, employers are advised not to request any information regarding an employee's religion, mental or physical disabilities, race, or national origin.

Employers should also be sure that all information obtained about an applicant during the interview process should remain confidential, and should only be shared with persons on a need-to-know basis.  Similarly, all medical information obtained regarding an applicant must be kept confidential, and must be maintained in a separate file.

Also of note, pre-employment drug testing, while legal in Maine, must, with certain exceptions, be performed in accordance with Maine’s Drug Testing Law.  Similarly, any reference and background checks must be completed in accordance with the federal and Maine Fair Credit Reporting Acts.  Finally, Maine law prohibits discrimination against applicants who use tobacco products outside the course of employment; however, the statute also requires that employees comply with any company policy regarding use of tobacco on company premises.

Below is a sample application that can be used.  Some questions may not be necessary for all employers and there may be other specific job-related questions that may be applicable. 

The sample employment at-will policy below may be used to help preserve employment at-will under Maine law.

THIS FORM IS LEGALLY ESSENTIAL

EQUAL EMPLOYMENT OPPORTUNITY POLICY:

It is the policy and practice of the Company to abide by all anti-discrimination laws provided for by federal, state, and local statutes and regulations.  It is also the policy and practice of the Company to provide and promote equal employment opportunities for all applicants and employees.  It is also the policy and practice of the Company to recruit, hire, train, promote, compensate, and administer all employment practices without regard to race, color, sex, affectional or sexual orientation, age, religion, veteran status, liability for military service, whistleblower status, gender identity and/or expression, atypical cellular or blood trait, genetic information (including the refusal to submit to genetic testing or make available the results of a genetic test or on the basis that an individual received a genetic test or genetic counseling), national origin, ancestry, nationality, creed, citizenship, alienage, marital or domestic partnership or civil union status, mental or physicaldisability, or any other characteristic protected under federal, state, or local law and to affirmatively seek to advance the principles of equal employment opportunity.  Furthermore, the Company is committed to complying with the Americans With Disabilities Act and similar state laws.

If you believe that you need a reasonable accommodation in order to apply for or to complete an application for employment due to the fact that you may have a disability, please notify the Company within three days of your application of your specific needs for a reasonable accommodation so that the Company can assist you where appropriate.  If an applicant requests an accommodation for purposes of completing the job application process, the Company reserves the right to require the applicant to furnish documentation from an appropriate professional (for example, a doctor, rehabilitation counselor, etc.) confirming that the applicant has a disability or the functional limitations for which a reasonable accommodation is requested.


Date ___________________________

Name ____________________________________________________________          
Last                     First                Middle

Social Security No. _______________________________

Present Address ____________________________________________________________

Street Address

_____________________________________________________________________________________________________________________

City                  State          Zip Code

Home Telephone No. __________________________________

Alternate Telephone No. __________________________________

If hired, on what date would you be available to start? _________________________________

Are you 18 years or older?   ❏Yes   ❏No

Are you currently authorized to work in the United States?   ❏Yes   ❏No

If you hold a visa, for what amount of time will it allow you to work in the United States?          

Will you now, or in the future, require sponsorship for United States employment visa status?   
❏Yes   ❏No   ❏Not Applicable

Have you ever been convicted of or pled guilty, no contest, or nolo contendere to a felony or misdemeanor (except minor traffic offenses)?  Convictions that were completely expunged or were reversed on appeal are not considered convictions for purposes of this question and should not be included or considered in answering this question.  A conviction has been "completely expunged" only if no one, including law enforcement, can be permitted access to the record even by court order under the state or federal law which was the basis of the expungement.  Convictions against a person as a juvenile or youthful offender, youthful offender adjudgments and/or adjudgments of juvenile delinquency are not considered convictions for purposes of this question and should not be included or considered in answering this question.   ❏Yes   ❏No

If yes, please explain in detail the facts relative to the disclosable conviction(s).  An answer of “yes” will not disqualify any applicant for consideration for a job; rather, such information is only relevant in determining whether the conviction is directly related to the job for which you are applying, and will be only one of the factors considered in the employment decision and evaluated in terms of the nature, severity, and the date of the offense.

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

List any special skills you have or business machines you can operate, for example, computer skills, programming, word processor, calculator, etc.  Please indicate skill level.

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Educational Background


Type of School

Name & Address

# Years Completed

Graduated

Course or Major

High School





__ Yes __No



































College





__Yes __No



































Post Graduate





__Yes __No



































Other





__Yes __No





















Have you ever worked under a different name?   ❏Yes   ❏No

If yes, what name? ____________________________________________________________

If required for the job, do you have a valid driver’s license?     ❏Yes   ❏No   ❏N/A

If yes, what is your driver’s license number? ____________________________________________________________


Prior Work History (Please indicate most recent first)



1. Employer’s Name



Dates of Employment                    To

Address (street, city, state, ZIP code)

Telephone

Type of Business

Title, Duties & Responsibilities







Supervisor (name, title & telephone number)

May we contact as a reference? __Yes     __No

Salary

Starting                          Final

Specific Reason for Leaving





2. Employer’s Name



Dates of Employment

Address  (street, city, state, ZIP code)

Telephone

Type of Business

Title, Duties & Responsibilities







Supervisor (name, title & telephone number)

May we contact as a reference? __Yes     __No

Salary

Starting                          Final

Specific Reason for Leaving



3. Employer’s Name



Dates of Employment

Address (street, city, state, ZIP code)

Telephone

Type of Business

Title, Duties & Responsibilities







Supervisor (name, title & telephone number)

May we contact as a reference? __Yes    __No

Salary

Starting                          Final

Specific Reason for Leaving


YOU MAY SUBMIT A RESUME OR ADDITIONAL PAGES TO SUPPLEMENT YOUR PRIOR WORK HISTORY



Professional References (Excluding Relatives)



Name       Occupation         Address         Telephone

1.







2.







                                                                                                                                                                                

Please include here any other information regarding any job-related skills you have, which you think would be helpful to us in considering you for employment.

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

How did you hear of us?      __Referral       __Advertisement       __Other

APPLICANT:  PLEASE READ CAREFULLY BEFORE AGREEING TO THE FOLLOWING

I hereby certify that the facts set forth above in my application are true and complete to the best of my knowledge and that I have withheld nothing that would, if disclosed, affect this application unfavorably.  I understand that any omissions or false or misleading statements in this application or in interviews or other aspects of the hiring process may result in my disqualification from further consideration for employment, or, if discovered after hire, such information may be grounds for the immediate termination of my employment.

I understand that employment and continued employment with the Company is contingent upon satisfactory consumer reports and criminal background checks.  I authorize the Company to investigate, verify and discuss all information set forth in my employment application, by contacting my prior employers, colleagues, educational institutions, and other references set forth above, and by any and all other means authorized or permitted by law, including any consumer reports and criminal background checks.  I authorize any entity or person named in this application to provide the Company with any and all information in their possession, custody, or control regarding me, whether or not it is in their records, and to provide the Company with information that may be requested by the Company to arrive at an employment decision.  I hereby release and agree to hold harmless the Company and its subsidiaries and affiliates, and each and all of their respective employees, agents and representatives, from any and all claims, liability or damages that may arise as a result of taking any actions described herein  In addition, I hereby release and agree to hold harmless any and all individuals and entities that provide any information concerning me whether orally or in writing, in response to a request for such information from the Company.

[optional]  I understand that offers of employment with the Company are contingent upon my passing pre-employment testing, which may include testing for the presence of illegal drugs in my system, in accordance with applicable law.

[optional]  I understand that a medical examination may be required to verify fitness to work after a job offer has been extended but prior to beginning work.  Offers of employment are contingent upon passing the pre-employment testing.

If I am employed by the Company, I promise to comply with all policies, rules and regulations implemented by the Company as set forth in the Company's code of conduct, employee handbook, or other communications distributed to employees.

I understand that regular timely attendance is an essential function of every position with the Company.  I certify that I will be able to perform this essential function if I am selected for a position with the Company.

I understand and agree that if I am hired my employment with the Company will be terminable “at-will.”  As an at-will employee, I understand and agree that I have the right to terminate my employment with the Company at any time, for any reason, with or without notice, with or without cause, and that the Company retains the same rights.  If I am hired, I understand that all benefits, policies, procedures and other terms and conditions of employment may be changed by the Company at any time, for any reason, with or without notice.  I understand that this application form, any and all policies, practices, and procedures of the Company, and all other communications provided or distributed to me by the Company, whether written or verbal, before hire or after I am employed, do not constitute or supplement any contract of employment.  I further understand that no manager, supervisor, or employee of the Company has any authority to enter into any agreement for employment for any specified period of time or to make any agreement for employment other than at-will employment.  Only the president of the Company has the authority to make any such agreement and then only in writing.

I understand that if I am hired, I must be able to furnish proof of my identity and eligibility to work in the United States within 72 hours of employment (using forms of document deemed acceptable by the United States Citizenship and Immigration Services).  I understand that failure to provide such proof of identity and employment authorization will result in my immediate discharge.

I understand that this application will be active only for the position for which I am currently applying.  If I would like to be considered for other positions, I understand that I must submit a separate application for those positions.

By signing below, I hereby acknowledge that I have read, agree to and accept the above terms and statements.

____________________________________________________________

Signature                                    Date