Application policies yours to set.

Byline: ON THE JOB By Bureau of Labor and Industries For The Register-Guard

Question: Someone came into our office today and said that she wanted to apply for a job. I told her that we didn't have any current openings and were thus not accepting applications. However, this person told us that there is a state law saying that she has an absolute right to receive an application form upon request. She also said that anyone who applies for a job has an absolute right to an interview. Is she right about these absolute rights?

Answer: She's absolutely wrong. Although employers are never allowed to use selection methods that violate the discrimination laws, the fact is that neither Oregon nor federal law requires any particular method for recruiting or selecting employees.

So as long as your hiring practices don't have a discriminatory impact, you're free to set your own policy on the job application process. This includes deciding for yourself how you are going to advertise the job and recruit applicants. It also means that not only are you not obligated to accept applicants off the street, you are not required to consider unsolicited resumes that you may get in the mail.

In fact, you're not even obligated to post job vacancies internally, unless you've promised to do so in your employee handbook, in a collective bargaining agreement, or other contract.

Nevertheless, it is wise for you to advertise and recruit broadly when you have openings - to attract a diverse pool and to show your hiring practices aren't inadvertently shutting out individuals in protected groups.

Question: If another company were to buy one of our facilities, would that "takeover" company be within its rights to terminate employees who were out on family medical leave or workers' compensation leave at the date of transition?

Answer: You seem to be describing a situation where the new company is taking over as a "successor in interest," because they will continue to operate the same business, at the same location, with the same equipment and the same employees.

This type of successor generally takes on the liabilities and obligations of the previous company. This includes reinstatement obligations to employees who are on protected leaves of absence, including workers' compensation and family medical leave absences. In other words, they will very likely have the same obligation to return those employees that you do.

The use of leave is legally protected when an employee is eligible under Oregon and federal family leave laws, or when the employee misses work because of a compensable workers' compensation claim. It would thus be illegal for a successor company to fire or refuse to hire individuals simply because they have invoked their rights under those laws.

Question: One of our managers would like employees to review our policy manual annually and sign off that they have read it. However, he is also telling them that they should take the manual home and read it "in the evening, when they get some free time." Are we risking a wage claim here?

Answer: Probably. If you send employees home to study this handbook, you may be giving them several hours of required homework that is directly related to their jobs. Thus, although the policy manual may be fascinating reading, the fact is that this is a job-related task and will probably constitute "hours worked" under Oregon and federal wage laws. So the manager must pay the employees for their time. Remember, too, that in requiring employees to read the manual only when the workday is over, your manager is essentially saying, "This is important reading, but not as important as your 'real' work." An alternative would be for the manager to devote a staff meeting to reviewing company rules and letting employees ask questions. That way, when the employees sign that acknowledgement form, they will truly know what they are signing.

For this and other important information affecting Oregon employers,

visit the bureau's Web site at www.oregon.gov/boli/faqs.

On The Job is written by the staff of the Oregon Bureau of Labor and Industries. Contact BOLI at [phone], or BOLI, 800 N.E. Oregon St. No. 32, Portland, OR 97232.