Pre-employment Application

vstass

We denied employment to a new applicant and a generic letter was sent. Now the applicant is demanding to know why we turned him down. According to our H.R. that letter is all he gets.
I am new to this and I was wanting a State statute to fall back on if possible. I have been researching FSS 119 "Public Records" but it is confusing. I am in Florida if that helps.

Cinderella

Well, why WAS he turned down? Just curious.

We tell people we have decided to go with other, more qualified applicants. We can't give them info about the "other qualified applicant" because that would be against the law (giving out an applicant or employee's personal info to a party that's on a doesn't-need-to-know basis).
Cinderella

Don D

Very dangerous Cinderella. That's a real easy one for the EEOC to challenge. They will leap with all four on 'other more qualified applicants' and make you jump through multiple hoops proving how you determined that and who the others were. I don't know that I have ever heard of anyone being owed a reason for not being hired. But, then, there's always California.

Brad Forrister

I wouldn't think a public records statute would apply unless you are a public employer - state government, local government, maybe certain kinds of contractors. Otherwise, you don't generally have any legal obligation to tell an applicant anything.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

cebudragonlady

Depends on what was said in the interview. For example :if an interviewer
told the applicant in the interview, that he/she ( the applicant ) was "the best" - and then hired someone else...certainly more than a generic reply is warranted.

Theresa Gegen TX

If you got credit information about him from a third party, and that was part of the reason for turning him down, then he has a right to see the credit agencies report. Otherwise, under federal law, atleast, he has no right to the information.

Whatever you tell the applicant, do not lie. Better to say nothing, then (for example) to say you went with a more qualified applicant, when the actual reason for not selecting this guy was that he picked his nose during the interview.

You can expect that he thinks something unfair happens, and if he files a claim of discrimination, the EEOC will get the reason for him.

Good Luck!!

vstass

Thanks for the replies. I guess I should have advised that I am with a municipal police agency. That is why I was asking about Public Information laws. By the way, the reason we denied employment is that the applicant showed deciet on a polygraph in reference to theft. Thanks again.

sonny

I am with a municipality in FL also. When one of our police candidates does not pass the polygraph, that's just what we tell him/her. We don't give the specific item ie lied about drug usage. We do not give the polygraphs ourselves and on at least one occasion, the candidate has gone back and talked to the person who has administered it. The others have just let it go. . I assume cause they knew they were lying. I am aware of one officer, who is one of the finest I know, who failed a polygraph for a Federal agency and will swear to this day, it was not valid. (Obviously she passed ours) I believe there is a class action suit going on against that agency and their use of polygraphs. Think it's easier to say "we have better qualified applicants" or "you picked you nose in the interview" than you flunked your lie detector test.