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
- Follow these 3 rules for conducting pre-hire medical tests
- Try your best, but don't worry that honest mistakes will cost you a lawsuit
- Proceed with layoff if employee you planned to cut suddenly complains about discrimination
- Know Minnesota's disability law: State statute has lower threshold than federal ADA