Think twice before starting a year-end purge of applications and résumés (both paper and electronic). You may need them again, perhaps sooner than you think.
It isn’t unusual for disappointed applicants to file frivolous failure-to-hire lawsuits. Your best shot at a quick dismissal is proof that the applicant wasn’t qualified. An application or résumé can do that.
Recent case: Nina sued after she was rejected for a company controller position. She alleged age or national-origin discrimination.
But when the company showed the court her application and its own minimum job requirements, it was obvious why Nina hadn’t made the initial cut, much less been hired. She met neither of two requirements listed in the job announcement: 10 years of accounting experience and four years as an assistant controller. The court tossed out her case. (Shanin v. DE Solid Waste Authority, No. 12-3435, 3rd Cir., 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Enforce policy to prove you don't tolerate harassment
- Set clear, fairly enforced rules on behavior to trump 'my disability made me do it'
- Even if jobs seem quite similar, feel free to use different hiring criteria
- No need for extra severance when laying off litigious staff