Can I sign the application electronically?

Yes. Electronic signatures meet U.S. legal standards under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retrievability are present.

Are conditional offers enforceable?

Conditional offers with clearly stated subjectivities are generally enforceable when conditions and timeframes are explicit; ambiguous language can create disputes over whether an offer became final.

What must I do before ordering a background check?

Provide clear written disclosure and obtain the applicant’s signed authorization consistent with the Fair Credit Reporting Act; follow any required adverse-action procedures if results affect the offer.

How should I correct a mistake on a submitted form?

Document the correction with a dated addendum or replacement form and obtain a new signature; maintain both versions for audit purposes to preserve a clear record.

Who is authorized to sign on behalf of the employer?

Typically HR representatives or hiring managers with delegated signing authority may accept offers; authority should be documented in company policy or delegation records.

How long should I keep signed applications?

Retain according to legal and business needs: I-9s per 8 CFR §274a.2, payroll and tax-related forms per IRS rules, and HIPAA or state-specific retention schedules where applicable.

Electronic Signature
Templates
Miscellaneous
Job Application and Subjectivities

Job Application and Subjectivities

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

JOB APPLICATION AND SUBJECTIVITIES

Parties and Recitals

This Job Application and Subjectivities Agreement ("Agreement") is entered into by and between Applicant Name: and Employer Name: .

WHEREAS, Applicant has applied for the position identified in this document and has completed the information requested below; and

WHEREAS, Employer requires the satisfaction of certain subjectivities, background checks, and verifications as a condition to any offer of employment or engagement; and

WHEREAS, the parties desire to set forth the terms, subjectivities, and certifications that will govern the employment consideration and any related compensation terms.

Applicant Information

Full Legal Name Email Address Telephone Address

Position and Role

Position Title Department

Preferred Start Date:

Employment Type (check all that apply)

Full-time Part-time Contractor/Consultant

Scope of Work

Describe the primary duties, responsibilities, and deliverables for the role. This description is incorporated into any offer as the initial scope of work and may be attached to the employment agreement.

Employment Subjectivities and Conditions Precedent

The following subjectivities are conditions precedent to any binding offer or to commencement of employment. Employer may rescind any offer or withhold employment until each marked subjectivity is satisfied in Employer's reasonable discretion.

Background Check

Applicant consents to a criminal and employment background check. Deadline for satisfaction:

Reference and Credential Verification

Employer may contact prior employers and references. Deadline:

Drug and Alcohol Screening

Applicant agrees to required drug/alcohol screening. Deadline:

License or Certification Verification

Verification of required licenses/certifications. License/Cert ID:

Applicant confirms legal authorization to work in the applicable jurisdiction and will provide required documentation by:

Payment Terms

Compensation and payment terms applicable upon hire, subject to applicable withholding and deductions.

Base Salary / Rate Pay Schedule Overtime and Bonus Terms Late Payment / Reimbursement Fee

Term and Termination

The parties agree the following term provisions apply unless superseded by a separate employment agreement executed by both parties.

Anticipated Start Date:

Anticipated End Date (if fixed-term):

Notice Period for Termination

Either party may terminate this arrangement for convenience upon delivering written notice in accordance with the notice period above. Termination for cause may be immediate where material breach, dishonesty, or gross misconduct is established.

Confidentiality

Applicant acknowledges that during the course of consideration and any subsequent employment, Applicant may have access to confidential information of Employer. Applicant agrees to maintain such information in strict confidence and not to use or disclose such information except as required to perform duties for Employer or as authorized in writing by Employer.

Confidential information includes, without limitation, business plans, financial data, client lists, trade secrets, proprietary processes, and any nonpublic information designated by Employer. Applicant's obligations under this clause survive termination of employment and are enforceable by injunctive relief and other remedies.

Applicant acknowledges and agrees to the Confidentiality provisions above.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction specified below, without regard to conflict of law principles.

Governing Law State

Entire Agreement

This Agreement, together with any written offer and attachments executed by the parties, constitutes the entire agreement between Applicant and Employer regarding the subject matter hereof and supersedes all prior discussions, proposals, and representations, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

Certifications, Authorizations and Acknowledgements

By signing below, Applicant certifies that all information provided in this application is true, complete and correct to the best of Applicant's knowledge. Applicant authorizes Employer and its agents to verify any information and to obtain background, credit (if applicable), criminal, and employment history as permitted by law. Applicant understands that falsification may result in denial of employment or termination.

I certify the information provided is true and I authorize the described verifications.

Applicant Additional Comments

Applicant Name:

By:

Date:

Employer Name:

By:

Date:

What the Job Application and Subjectivities Document Is

A Job Application and Subjectivities document combines a standard employment application with explicit conditions or contingencies (subjectivities) that must be satisfied before an employment relationship becomes final. It collects applicant identity, contact, work and education history, and authorizations while listing conditional elements such as background checks, credential verification, drug screening, or successful completion of probation. Employers use it to set expectations, document consent for screening, and record conditional offer terms. Properly completed, signed, and retained versions become part of the personnel record and may affect onboarding, tax reporting, and compliance obligations.

Why a Combined Application and Subjectivities Document Matters

The combined form clarifies hiring conditions, reduces onboarding delays, and documents applicant consent for required checks and verifications under federal and state law.

Typical Users and Signing Parties

Clear role definition in the document reduces miscommunication and creates an auditable record for compliance reviews or disputes.

Employers and HR teams use the form to record hiring terms and control onboarding conditions.
Applicants complete personal and authorization sections and consent to screening where required.
Background-screening vendors and hiring managers use the subjectivities section to determine when an offer becomes final.

Core Components to Include in a Professional Combined Form

A well-structured Job Application and Subjectivities should be organized so each section maps to hiring workflow steps and legal requirements while remaining easy for applicants to complete.

Applicant Identity

Full legal name, date of birth, and government ID reference to confirm identity and match background check records; reduces mismatches.

Position Details

Job title, department, supervisor, proposed start date, and whether the position is contingent or at-will; clarifies offer scope.

Employment History

Prior employer names, dates, and roles with space for explanation of gaps or termination reasons to support reference checks.

Authorizations

Explicit consent language for background checks, drug testing, and reference contacts; ensures compliance with FCRA and state disclosure rules.

Subjectivities

List of required conditions (e.g., credential verification, licensing, successful drug screen) and how/when each will be cleared.

Signatures & Dates

Applicant signature, date, and employer acceptance fields with space for conditional offer acknowledgement and witness or notary if required.

Step-by-Step: Completing the Combined Form

Follow these steps to complete the application, acknowledge subjectivities, and submit documents for review.

01

Prepare: Gather IDs, employment dates, and license numbers before starting.
02

Complete: Fill all required fields, using MM/DD/YYYY for dates and full state names or two-letter abbreviations as instructed.
03

Authorize: Read and sign consent sections for background checks and verifications.
04

Submit: Upload supporting documents and send the completed form to HR or submit through the ATS.

Where to Send or Submit the Completed Document

Choose the submission path that matches the employer’s hiring process to ensure the application and subjectivities are routed correctly.

HR Portal: Upload the form to the employer’s secure applicant portal for automated routing.
Applicant Tracking System: Attach the completed application to the ATS requisition for hiring-team review.
Email to Recruiter: Send signed PDFs to the recruiter’s corporate email address when directed.
eSubmission Provider: Use an eSignature platform configured for the employer to capture audit trails and attachments.

Configuring an Online Workflow for Applications and Subjectivities

Set up automated steps to collect fields, route approvals, and track when each subjectivity clears.

Field	Configuration
Authentication	Email plus optional SMS code for signer verification
Conditional Fields	Show licensing fields only for regulated roles
Notifications	Send HR and hiring manager alerts on submission and clearance
Storage	Save signed PDF and audit trail to secure cloud folder

Delivery Options and Technical Considerations

Ensure chosen systems support PDF, DOCX, and audit-trail exports and meet applicable security and privacy obligations.

Applicant Tracking System: Integrates with ATS for centralized applicant records
Cloud Storage: Store signed PDFs in encrypted cloud repositories
Identity Verification: Add ID checks or knowledge-based authentication where required

Key Timing Rules and Compliance Deadlines

Time-sensitive elements include I-9 completion, background-check authorizations, and tax or payroll onboarding deadlines.

I-9 Completion:

Complete within three business days of hire (8 CFR §274a.2).

Background Check Consent:

Obtain written FCRA authorization before ordering a consumer report.

Offer Contingency Period:

Specify calendar timeframe to clear each subjectivity to avoid open-ended contingencies.

Tax Documentation:

Collect W-4 (payroll) before first pay; W-9 only if contractor classification applies.

Credential Verification:

Allow sufficient lead time for licensing boards or education verification to respond.

Typical Hiring Milestones and When Subjectivities Must Clear

A sequential hiring timeline helps align administrative tasks with conditional offer terms.

01

Application Received

Applicant completes form and attaches required documents.

02

Preliminary Screening

HR reviews qualifications and determines which subjectivities apply.

03

Conditional Offer

Employer issues offer contingent on listed subjectivities.

04

Onboarding Completion

All subjectivities cleared and final hiring documents signed.

Common Mistakes to Avoid When Preparing the Form

Incomplete identity details that do not match government ID, causing delays in background or I-9 verification.
Vague subjectivity language that lacks specific pass/fail criteria or timeframes, creating disputes over offer validity.
Failing to obtain written FCRA authorization before a consumer background check, exposing the employer to legal risk.
Storing signed documents without an audit trail or secure encryption, complicating compliance reviews or litigation responses.

Essential Data Elements to Collect

Full Name: Legal name for identity checks

Date of Birth: Used in background matching

Address: Current mailing address

SSN or TIN: For payroll or screening

Contact Info: Phone and email for communications

Consent Statements: Authorizations required by law

Penalties and Legal Risks of Errors or Omissions

I-9 Violations: Civil fines for improper I-9 completion (see 8 CFR §274a.2).

FCRA Noncompliance: Statutory damages and penalties for failing to follow FCRA notice/consent rules.

Tax Misclassification: Back taxes and penalties if classification errors affect withholding.

Breach of Privacy: Potential HIPAA or state privacy claims when handling protected health information.

Invalid Offer: Unclear subjectivities may lead to contested offers and potential wrongful termination claims.

Perjury or Fraud: Knowingly false statements may expose applicants or employers to criminal or civil liability.

eSignature Vendor Pricing and Feature Snapshot for Hiring Documents

Compare common plan metrics and compliance features relevant to signing job applications and conditional offers; signNow is listed first for reference.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions and Troubleshooting

Answers to common questions about completing, signing, and managing Job Application and Subjectivities documents.

Need help? Contact support

Can I sign the application electronically?
Yes. Electronic signatures meet U.S. legal standards under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retrievability are present.
Are conditional offers enforceable?
Conditional offers with clearly stated subjectivities are generally enforceable when conditions and timeframes are explicit; ambiguous language can create disputes over whether an offer became final.
What must I do before ordering a background check?
Provide clear written disclosure and obtain the applicant’s signed authorization consistent with the Fair Credit Reporting Act; follow any required adverse-action procedures if results affect the offer.
How should I correct a mistake on a submitted form?
Document the correction with a dated addendum or replacement form and obtain a new signature; maintain both versions for audit purposes to preserve a clear record.
Who is authorized to sign on behalf of the employer?
Typically HR representatives or hiring managers with delegated signing authority may accept offers; authority should be documented in company policy or delegation records.
How long should I keep signed applications?
Retain according to legal and business needs: I-9s per 8 CFR §274a.2, payroll and tax-related forms per IRS rules, and HIPAA or state-specific retention schedules where applicable.

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