handling unsolicited resumes

Tracie

I read in a recent employment newsletter that Federal recordkeeping statutues require that employers keep unsolicited job applications and resumes for at least one year? Is that true even if you are not hiring. I thought I read once where H.R. Managers may destroy unsolicited resumes and applications per the statement that they have on the document i.e. "This application for employment shall be considered active for a period of time not to exceed 60 days. Any applicant wishing to be considered for employment beyond this time period should inquire as to whether or not applications are being accepted at that time." I need to know so we may comply with the law. Can you turn away or return resumes and applications if you are not hiring?

AnaFL

I have read that if the resumes and applications are unsolicited, and there are no available open positions, there is no federal requirement to retain them. At labor law seminars I've attended in the past, when this question came up we were advised to simply tell walk-ins who were looking for work, that we had no current openings and we were not accepting any applications and/or resumes at this time.

When the resumes simply flood in via fax/e-mail, we have no control over that, but my understanding is that you are not obligated to keep them. I read that in California, their state law is the same as the federal. I'm in Florida, and I believe that the law is the same as the federal. But our Company is generally in the practise of saying we don't accept anything if there are no available open positions, and for the ones that did get accepted in the past, before this rule was applied, I keep them for a year, just to be safe.

Solicited ones must be kept for one year from the date of the personnel action, or whatever the State Law says, if it's higher as in CA (2 years), then that's the time frame to keep them.