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Pre Employment Affidavit for the United States

Pre Employment Affidavit Template for United States

A Pre-Employment Affidavit is a legally binding document used in the United States where a prospective employee makes sworn statements about their background, qualifications, and eligibility to work. The document typically requires notarization and serves as a formal declaration of the truth of statements made during the hiring process. It helps employers verify candidate information and provides legal recourse if false statements are discovered.

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Pre Employment Affidavit

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What is a Pre Employment Affidavit?

The Pre-Employment Affidavit is a critical tool in the U.S. hiring process, particularly for positions requiring high levels of trust or security clearance. This document emerged from the need to formalize candidate declarations and create legal accountability for information provided during hiring. It typically includes statements about employment history, educational background, criminal record (where legally permitted), and work authorization status. The affidavit's sworn nature, often requiring notarization, provides employers with additional security and verification beyond standard application forms.

What sections should be included in a Pre Employment Affidavit?

1. Personal Information: Basic identifying information of the affiant including full name, address, and contact details

2. Employment History Declaration: Statement of previous employment experiences, positions held, and reasons for leaving

3. Legal Eligibility: Declaration of legal right to work in the United States and compliance with immigration laws

4. Truth Statement: Formal declaration that all provided information is true and correct under penalty of perjury

5. Signature Block: Space for affiant's signature, date of execution, and notary public attestation

What sections are optional to include in a Pre Employment Affidavit?

1. Criminal History: Declaration of criminal record history where permitted by state law and relevant to the position

2. Educational Background: Verification of educational credentials and qualifications for positions requiring specific educational background

3. Professional Licenses: Declaration of professional certifications, licenses, and their current status for regulated positions

What schedules should be included in a Pre Employment Affidavit?

1. Background Check Authorization: Separate authorization form for conducting background screening and verification

2. Reference Contact List: Schedule containing list of professional references with their contact information

3. Additional Certifications: Appendix containing copies or details of relevant professional certifications or licenses

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Affidavit

Cost

Free to use
Clauses





















Industries

Title VII of the Civil Rights Act 1964: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Must be considered when drafting employment affidavit to ensure compliance with anti-discrimination provisions.

Americans with Disabilities Act (ADA): Federal law protecting qualified individuals with disabilities from discrimination in employment processes. Affidavit must avoid discriminatory questions about disabilities.

Age Discrimination in Employment Act (ADEA): Federal law protecting individuals 40 years or older from age discrimination. Pre-employment affidavit must not include age-discriminatory questions or requirements.

Immigration Reform and Control Act (IRCA): Federal law requiring employers to verify employment eligibility. Affidavit should include verification of work authorization and immigration status compliance.

Fair Credit Reporting Act: Federal law regulating the collection and use of consumer credit information. Relevant if the affidavit includes consent for background checks or credit reports.

Form I-9 Requirements: Federal documentation requirements for verifying identity and employment authorization. Affidavit should reference these requirements and compliance.

E-Verify Requirements: Federal electronic employment eligibility verification system. If applicable, affidavit should include reference to E-Verify participation.

State Employment Laws: Various state-specific employment regulations that may affect affidavit content and requirements, varying by jurisdiction.

Ban the Box Legislation: State and local laws restricting when employers can inquire about criminal history. Affidavit must comply with relevant jurisdictional requirements.

State Background Check Laws: State-specific requirements for conducting and disclosing background checks. Affidavit must incorporate relevant state provisions.

State Privacy Laws: State-specific requirements for handling personal information. Affidavit must include appropriate privacy notices and protections.

Perjury Statements: Legal requirements for statements under penalty of perjury, including state-specific perjury laws and consequences for false statements.

Notarization Requirements: State-specific requirements for document notarization, if applicable to the affidavit.

EEOC Guidelines: Equal Employment Opportunity Commission guidelines affecting pre-employment inquiries and documentation requirements.

Industry-Specific Requirements: Additional certifications, disclosures, or requirements specific to certain industries that must be incorporated into the affidavit.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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