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Rejection Letters (Part II)
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Rejection Letters (Part II)
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It's been a year or so since my last posting regarding rejection letters, but could anyone point me in the direction of documentation regarding these letters?
I am of the opinion that a snail mail
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Forums » Topic Forums » Legal Forum » Rejection Letters (Part II)
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Rejection Letters (Part II)
posted at 3/1/2010 7:01 AM EST
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Posts: 31
First: 10/28/2008 Last: 7/8/2011 |
It's been a year or so since my last posting regarding rejection letters, but could anyone point me in the direction of documentation regarding these letters?
I am of the opinion that a snail mail rejection letter is not required by law and have been informing applicants of their non-selection via the phone. I need to provide some sort of documentation to my executive team highlighting that this is an accepted practice. Any ideas where I might find something like this? I'm coming up empty. Thanks! |
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Rejection Letters (Part II)
posted at 3/1/2010 7:57 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
I am not aware of any regulation or law that requires that you inform or not inform candidates of non-selection.
Companies who do it do so from a PR perspective more than anything, and it's been my experience that the majority of companies don't send a non-selection notice at the application stage. Post interview is different. A communication of non-selection is common courtesy. However, I prefer the written method (email or snail mail) since a phone call potentially can get bogged down in playing the "why wasn't I selected?" game. It's far safer to control the communications through written methods rather than verbally let something slip that can be misinterpreted and land you in a discrimination suit or worse. |
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Rejection Letters (Part II)
posted at 3/1/2010 8:38 AM EST
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
If an employer is not hiring an applicant in whole or in part due to information contained within a consumer report, the applicant must be notified in writing both prior to and after the employer makes such adverse decision. Also, employers should be aware that various state drug testing statutes require disclosure of positive results to applicants--which would be most prudently accomplished via writing even if not statutorily mandated. I trust this information is helpful. Dave Arnold, Ph.D., J.D. |
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Rejection Letters (Part II)
posted at 3/1/2010 12:18 PM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
I believe Dave is stating information from the FCRA. You can find the specifics of your requirements in § 623 Responsibilities of furnishers of information to consumer reporting agencies.
I am not familiar with the individual requirements regarding drug testing. In general informing candidates of their rejection by phone is a bad idea in my experience. This opens you up for allegations of inappropriate reasons for denial of employment, possible arguments from rejected candidates and related matters. I would encourage you to use the standard rejection format of "we have decided to pursue those candidates whose background and experience more closely match the requirements of the position" unless required to give more specific information under the FCRA. |
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Rejection Letters (Part II)
posted at 3/1/2010 1:53 PM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
But to reiterate, you are not required to provide an FCRA notification to a candidate UNLESS the decision to reject was based wholly or in part on information obtained on information received from a consumer reporting agency (which would also include any firm providing criminal history background info). |
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Rejection Letters (Part II)
posted at 3/1/2010 2:23 PM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
There is a pre-notification that is required by federal statute. More can be obtained at http://www.ftc.gov/bcp/edu/pubs/business/credit/bus08.shtm. Individual states may have additional requirements |
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Rejection Letters (Part II)
posted at 3/1/2010 3:36 PM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Part of the requirement for complying with FCRA, especially should you reject someone based upon information that you receive through a Consumer Report, is that the pre-notification did occur. If it did not occur then compliance is doubtful. Consequently they requirement pre and post is inextricably linked. |
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Rejection Letters (Part II)
posted at 3/18/2010 8:39 PM EDT
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Posts: 9
First: 1/27/2009 Last: 3/18/2010 |
A phone call is fine. Just make sure the caller is experienced and aware of potential discrimination pitfalls.The phone call is not used often because of either laziness or fear arising from HR professionals. I have been doing it for years for folks who have interviewed in person.People rarely question the decision and are very impressed with the Company for the personal touch. Remember, HR is often the first and last touch point for candidates. Professional courtesy leads to positive image of the Company. The candidate is a potential customer. Secondly, the phone call allows me to "keep excellent candidates warm for future opportunities. Too often outstanding candidates, who come in second, are treated poorly because of short sighted recruiting efforts. |
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