Power is Having a Choice

Treat everyone with respect and professionalism, whether you’re hiring them or not. Here are three go-to ways to manage applicants you aren’t hiring.

Communicate transparently. Yes, delivering bad news is uncomfortable. Keep in mind that nobody likes waiting and wondering about a hiring decision. Instead of being awkward about telling them no or ghosting them, reach out via email or by phone and give them the news as soon as you make the decision. This gives them closure and allows them to move on.

Refer to the original job description. If they ask “why” you made the decision, try keeping your response positive. Highlight and compliment them on the skills they did offer, but constructively point out that you found a candidate that offered certain skills they did not. If they seemed distracted or showed up to the interview late, gently remind them of that, too. It may be the wake up call they need to stop it from happening to them again.

If the background check is the reason, follow adverse action

procedures. Employers must be careful since there are federal and state laws when using a CRA for background checks. When ordering a background report from a third-party, you need to know and understand state and federal requirements when denying employment. When employers decide against hiring someone based on whole or in part on the candidate's background check report, the FCRA requires that employers notify the applicant, and send them a pre-adverse action letter. Follow up with a final “Notice of Adverse Action” letting the candidate know the information in their background report adversely affected them from being hired. Give proper time (usually five-business days) between the “Pre-Adverse Action” letter and the final letter. There have been recent lawsuits by job candidates who were only given a three-day window, so don’t get in a hurry and send the final notice out too soon.

Thoughtfully handling the candidates you don’t hire is an important part of protecting your brand and mitigating the risk of discrimination lawsuits. By knowing the acceptable reasons for taking a pass and having a plan in place for handling the unchosen candidates, you can manage the entire process thoughtfully and professionally.

Stewart Gott

National Account Executive sgott@datafacts.com www.datafacts.com