Pre Employment Affidavit Template for England and Wales

A Pre Employment Affidavit is a legally binding sworn statement that prospective employees complete during the hiring process. This document requires you to declare specific information about your background, employment history, and eligibility to work under penalty of perjury. Unlike standard job applications, this affidavit carries legal weight and is often notarized to ensure authenticity and accountability.

When do you need this document?

You'll encounter Pre Employment Affidavits when applying for positions that require enhanced security clearance, government roles, or jobs handling sensitive financial information. Many employers in banking, healthcare, education, and defense contracting use these affidavits to verify candidate information beyond standard background checks. If you're applying for positions requiring bonding, working with vulnerable populations, or handling confidential data, expect to complete this sworn declaration as part of your hiring process.

Key legal considerations

The affidavit must comply strictly with federal anti-discrimination laws while gathering necessary employment information. Questions cannot discriminate based on protected characteristics under Title VII, including race, color, religion, sex, or national origin. The document must avoid age-discriminatory inquiries prohibited by the Age Discrimination in Employment Act for applicants over 40. Under the Americans with Disabilities Act, employers cannot ask about disabilities or require medical examinations before making conditional job offers. Your work authorization status can be verified, but employers must use proper I-9 procedures and cannot specify which documents you must provide. Any false statements in your affidavit constitute perjury, carrying serious legal consequences including criminal charges and employment termination.

Legal requirements in United States

Federal law governs the content and use of Pre Employment Affidavits across all states. The Immigration Reform and Control Act requires employers to verify your eligibility to work legally in the United States, but affidavits must avoid citizenship status discrimination. State laws may impose additional restrictions on permissible questions, particularly regarding criminal history inquiries and "ban the box" legislation. The affidavit typically requires notarization to meet legal standards for sworn statements, with the notary public verifying your identity and witnessing your signature. Employers must maintain these documents according to Equal Employment Opportunity Commission recordkeeping requirements and provide them during compliance audits. If you provide false information, you face potential perjury charges under both federal and state law, making accuracy and honesty essential when completing this critical employment document.