Q. We have a problem with applicants who pass the pre-hiring process but then decide for some reason that they don’t want the job after all. They fail to show up their first day on the job. By that time, we have already spent time and money on drug tests and orientation, and turned down other promising applicants. Can we require applicants to submit fees to apply, which we will refund if we don’t hire them, or if they remain employed for a minimum period of time?
A. Colorado law does impose restrictions on fees for applicants. If you want to charge fees, your application process must meet the requirements of the law.
C.R.S. 8-2-118(1) prohibits employers from requiring “any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment, except those records necessary to support the applicant’s statements in the application for employment.”
The Colorado Division of Labor takes the position that, for purposes of this statute, a drug test is a medical examination. Therefore, if an employer wants to impose a fee for the cost of a drug test, the application should include a statement from the applicant that he or she is not using illegal drugs.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/5485/the-legality-of-requiring-job-application-fees "