Missing employment applications

rainbow · March 2005

While going through personnel files to verify no medical or confidential info had been filed in them, I noticed a couple employment applications missing. What do I do? Should I put a note in the file that I discovered them missing or should I have the employee complete a new one?

HRCalico · March 2005

I have just let sleeping dogs lie . . . especially since we have a few people who have practically been here longer than, well, applications have existed in modern practice. :>) I do have a few that have obviously been lost, and I also have some that sent a resume and I never did get an app on them. (Haven't implemented my AAP yet, but there may be some implications there. I'm guessing something like that is the root of your question?) Anyway, I'm interested to see what other responses you get!

ritaanz · March 2005

I wouldn't worry about it. Asking an employee to fill out an app now doesn't make any sense to me. If you feel it's important, maybe you could ask if they have a resume?

ritamcguire · March 2005

I hate to display my possible ignorance, but I'm not aware of any law that states an employer must maintain a current employee's application. Commom sense says we should, but not legally required. The main legal reason for keeping them on file is EEOC related. Common sense would indicate that employer's maintain them in case an issue developes after employment where an employee may have lied on his/her application.

Any thoughts??

Dgross · March 2005

We require all employees to complete an application for their file. If they were hired based on a resume submitted, I have them complete an application form while they complete all other employment papers. Our application has several statements that once the employee has signed they are verifying that all the information provided is correct and authorizing their previous employers to release references regarding their employment, etc.

The other reason is to eliminate the appearance of discrimination (requiring one applicant to provide certain information but not another).

However, regarding missing applications, I probably would not worry about them if they are long-term employees.

2445428 · March 2005

Make a notation in the personnel file that their application was discovered missing on such-an-such a date and initial. That's all I would do.

rainbow · March 2005

Thanks to all for your answers. We were audited by the state DOT and they require a copy of the employee's application in the DOT file.

Don D · March 2005

Aha, that does make a difference. Several departments of the federal and state government do require that the employer have an application in the personnel file. If you have this type of oversight, such as with the DOT, you have no choice but to get one filled out. I would never ask a person to backdate the application, however. Simply put a note in the file as to the circumstances. You can't be penalized for honesty as far as I know, in this situation.

Missing employment applications

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