Legal Ways to Turn Down a Job Candidate

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Letting a candidate know they were unsuccessful in the right way ensures your reduced risk of a lawsuit as well as improving your hiring ratings on social media sites - which will help you hire great candidates in the future.  Here are some best practice tips:

  • You are not required to give a specific reason why they weren’t hired.  Give them a neutral non-specific reason.

  • Make the letter short and direct, gracious and polite. You can use a form letter but you should customize it with their name.

  • Thank the candidate for applying and wish them well.   Sign the letter “sincerely” or best wishes.

  • Don’t say you hired someone more qualified.  If challenged by an attorney a comparison of the hired person's resume would be necessary.

  • Don’t promise further consideration.  If you hire someone later who is less qualified, you could be vulnerable to legal challenge.

  • Avoid saying you: “Are sorry” or “unfortunately.” You don’t want to feed them negative feelings.

  • Don’t delay.  Waiting for weeks just builds resentment.

Using a good Applicant Tracking System can help by housing approved templates that will meet all these requirements, giving you legal protection and improving your social media reviews. Contact us to learn more.