initial interview - walk in

Alice1

If you advertise that you have a position open or if someone just walks into the office asking if there are any positions open - is it proper (legal) to have them fill in the application, I-9 and a disclaimer to the correctness of the info; or are you limited to the application on the first contact and only if you offer a position can you get the I-9 and disclaimer along with the rest of the documents?

Can the application ask for the SS # or not.

Thanks

mwild31

What's your current practice regarding this question? Is it a rhetorical question?

Don D

No, it is not legal for an employer to have the I-9 filled out prior to offer of employment. Typically this is done on the first day of employment but the regs allow you three days into employment to have it completed. The reasoning is that you could use the information on the I-9 to illegally discriminate using national origin as a basis. In any event, you cannot have these forms completed prior to hire.

mwild31

[font size="1" color="#FF0000"]LAST EDITED ON 09-16-03 AT 06:15PM (CST)[/font][p]Now, after reading on another thread that students use this forum to answer homework questions, I'm a bit paranoid. This question strikes me as odd, in that an I-9 is for employment eligibility, ONCE employment has begun & has to be completed within 3 days of hire - it even states this directly on the I-9 in the certification section. Also, does anyone have a 'disclaimer to the correctness of the info'? Is this seperate from the statement on the application that asks if the applicants certifies that information provided on the application is true and correct, or do I need a separate 'disclaimer to the correctness of the info'? If I'm wrong here, I apologize, but this question seems out of left field.

System

Lighten up mwild. Not everybody in HR has as much experience as you do with the form I-9. Forms and processes can be tricky. The posts you have to be suspicious are those numbered 1 through 3 asking for us to write papers for them.

mwild31

Duly noted and I apologize - struck me as odd that's all.

Alice1

Okay, so a walk in and the person answering an ad would both only complete the application on the first contact. Should we call either back to offer them the position, then we can have the I-9 completed? Or do most employers wait until the new employee actually starts working... I know that the form says we have three days but what is done normally.

No, I am not a student but what would be wrong with using this forum for research if I were a student? The information has always been very helpful.

Also, no one mentioned the SS# on the application...is that okay?

We do not have a procedure as yet I am just organizing one we really arent big enough for a HR dept.

Don D

Advice: Allow anyone who responds to your ad to complete an application. Otherwise, it's real easy for one of them to say you rejected them at the front counter and never allowed them to fill out an application. Take applications and review resumes, if you have them, with the hiring authority/manager or a committee who will make the hiring decision. Select two or three who appear to qualify for the position. Call them in for interviews and then make a reasoned decision based on how they stack up against the job's requirements and each other. Never have them fill out the I-9 prior to being hired. That is a small part of first-day HR paperwork. SSNs on applications aren't illegal, just not advisable. There's no reason to have that information except for company purposes after the point of hire or to conduct a complete background investigation and you do not do any of that at the point of application. For the final candidate(s) you can ask them for their social and tell them you will need it to complete your background check.

The problem we've had with students in the past is that they get on here and try to get us to do their homework, or term papers, or other assignments for them. We can spot the lazy ones who want to sit back and have us do all their work for them. That's what was meant about students. No harm meant. Jump back in and ask the group other questions.

Alice1

Thank you Don, I appreciate the direct answers.

Pork

[font size="1" color="#FF0000"]LAST EDITED ON 09-17-03 AT 08:35AM (CST)[/font][p]AND AGE IS ALSO IDENTIFIED ON MOST OF THE TWO DOCUMENTS REVIEWED!

I understand your concerns; "Dandy Don" is absolutely right, but then you may have a reason that you might choose to violate the law, if it is reasonable you may not get the heaviest of fines. Remote locations where the actual interview and hiring and "going to work" is accomplished is more easily done if once the decision of offer is made and you have the necessary information you can get a ssn/name, dob, sex match made and stop the "physical allowed to work activity".

Sometimes it takes a week to get to the individual who has been hired and put to work before I can get to them to sign their documents.

Sometimes you got to weigh the options and do whatever you need to do to keep production and service going! I get all that kind of information for my DOT/TRUCK DRIVERS, because we do an initial MVR done before we allow the 2nd interview with the supervisor/manager. Many of our truck drivers are over-the-road and we interview over the phone and make arrangements for one-on-one interviews when they are busting through our location; I do not allow the 2nd interview without a good driving record.

CONSIDER YOUR OPTIONS AND DO WHAT IS NECESSARY TO KEEP THE OPERATION GOING!!!

PORK

It works for us but then we.......
forgot my though and several other postings got between me and "Dandy Don's" posting.