Denying an Application

We have recently received an application for a position that we have been advertising for. Along with the application, the individual provided a 3 page explanation of their criminal convictions & arrests that have happened over a twenty year span (last one being 10 years ago). Of course, the applicant is saying they have been rehabilitated and now wanting to be a productive citizen in the community.

We are not interested in even interviewing this individual. However, we have not found an appropriate applicant to fill the position yet so we are still advertising.

What would an appropriate response be to this applicant as to why we are not interested without violating any laws and being politically correct?

We are in the healthcare industry. The applicant actually completed the required certification course through the state to be able to perform the job. But we are working hard at improving our image and trying to avoid those "bad hires" and reduce our turnover rate.

Any suggestions?

Comments

  • 12 Comments sorted by Votes Date Added
  • I do not respond to every applicant, only the the people we call in for interviews. At this point, you don't have an obligation to provide any information to this applicant. You are still in the recruiting stage. And assuming you do fill the position with a person who you believe is a good fit, you still don't have an obligation to explain your decision to this applicant.
  • What are the convictions for, felonies or misdemeanors ? Other than these convictions, is the individual qualified because of the certification? Or is the person disqualified by law ?

    Chari
  • Like Ray, we don't respond to every applicant, but we do get some applicants that make it a habit of calling every day, several times a day or every two days inquiring/demanding to know where their application stands and how soon an interview can be set up (these applicants never impress me) - so in an effort to get them to stop calling & bugging our receptionist, we send out the following letter:

    Dear Annoying Applicant (we actually use their names, not Annoying Applicant),

    Thank you for your interest in (company's name)'s (position name) position. Should your qualifications match our requirements we will call you to you to setup an interview. No phone calls please.

    Good luck to you and your future endeavors.

    Best regards,

    The annoyed HR person (I really use my name)



    For the really, really, really annoying applicants we send this letter:

    Dear Really, Really, Really Annoying Applicant (Again, we use their names):

    Thank you for giving us the opportunity to consider you for employment. We have reviewed your background and qualifications and find that we do not have an appropriate position for you at this time. We appreciate your interest in (company name) and will keep your resume on file for one year.

    Good luck to you and your future endeavors.

    Best regards,

    The really, really, really annoyed HR person (I use my name)

    I do use these letters for other applicants that are not annoying - so they're dual purposed. x:-)
  • Thank you for the input & the sample letters.

    Additonal FYI.....
    Since we are a healthcare facility, regulations "prohibit facilities from employeing individuals who have been convicted of abusing, neglecting, mistreating or misappropriation of property of residents or patients in a health care related setting".

    Our policy states that we will not hire any person who is the subject of a pending charge and/or has been convicted of any prohibited activities.

    The applicant stated in his 3 page letter that he has a felony conviction for "driving an auto without the owners consent"(?) which sounds suspicious. He says he didn't know it was a felony until 20 years later.

    Then, he has 2 misdemeanor convictions: one for wreckless use of a weapon & one for impersonating an officer.

    Since we take care of vulnerable adults, we are of the opinion, it is too much of a risk to even consider this as a valid applicant.

    This is a very persistent applicant who has stopped by the facility multiple times and the Manager of the Dept. wants to know how to handle it if they return again. Right now we have been responding with "We are still accepting applications."
  • Not the kind of person you want around "vulnerable adults". I would not hire this person in your situation. Jut keep looking for someone with the right qualifications.
  • "The applicant stated in his 3 page letter that he has a felony conviction for "driving an auto without the owners consent"(?) which sounds suspicious. He says he didn't know it was a felony until 20 years later."

    Sounds like he took off with someone's parent's car and they reported it stolen...which is a felony even 20 years ago.

  • I wouldn't want this guy around NON vunerable adults.
  • I would be concerned about the applicant stopping by the facility "multiple times." It must be a huge distraction for the manager. When these persistent types show up in our office, they are told, "Sorry, the hiring decision comes from corporate...here is a telephone number." When I get the call, I merely state that we have not reached a hiring decision yet and that they will receive a letter from me advising them one way or the other.

    One other note: Our applications remain active for 29 calendar days from the date of application. After that, they are no longer considered for any openings.
  • Your applicant hasn't had any problems in the past ten years; however, any relative convictions would count forever. Thefts, abuse, assault, etc. will set you up for negligent hiring. The car thing could have happened when he was 18 (and now he would be 38) and may be forgivable. But, whatever you do, don't hire a bad employee just because it's a hard position to fill.


  • Our company works with at-risk youth & adults. We won't hire anyone with a previous felony conviction, anyone recorded on the Abuse/Neglect Central Registry, sexual offenders list, or the Excluded Parties List. Misdemeanors are denied if its a crime against a person, weapons, or substance/alcohol abuse. This is all stated in our employment policy.

    When we get an applicant such as you've described, we send a letter that says, in part, "Thank you for your interest in employment with [company], however, policy prohibits employment of individuals with criminal backgrounds..." Why spend the time interviewing, not to mention the expense of running background checks, when they've already told you what you're going to find out?

    And just to view things from the other side of the coin, these type of individuals are our clients, & we have employment specialists who help them locate employment. Individuals with this type of background will have a difficult time getting employment in any type of human services & need to be steered in a different direction. Of course, for the purposes here, its not your responsibility to steer them in their search for employment. But you can be sure this person has already run into this problem before...thus the 3 page letter. Its not illegal to establish your own employment qualifications, as long as they're not discriminatory. (And ex-cons are not a protected class.)


    Kathi
  • Agree with the others. Send the "sorry, you do not meet our requirements" letter, or tell him in person the next time he shows up.
  • I never tell someone they did not meet our requirements (unless that is absolutely the truth) or that we 'are looking to hire more qualified individuals' or that 'we will consider your application should we find a match for your skill set and our needs'. By the way; taking, being in possession of or driving an automobile without the owner's consent is AUTOMOBILE THEFT. In Mississippi I think they call it joyriding and our capitol city has just ranked about number 5 in the nation for punks carjacking and 'taking a ride without the owner's consent'.
    Now, to your problem. Write him this letter: "Dear Mr. Johnson: Methodist Rehabilitation, Inc, has decided not to elevate your (resume, application) to the interview stage. We appreciate your interest in Methodist Rehab. Sincerely....."

    If he has been or does call or visit also include this: "It will not be necessary for you to call or visit the facility. The application review committee at Methodist does not respond to walk-in traffic or telephone calls."

    Avoid stating "I have decided" or "The Department Head, Johnny Jimenez has reached the decision that...". You don't give people a point of contact and that's what they all want. Refer to a committee or application review group. It works.

    If it continues or gets more intrusive and threatening, re-post and I will give additional suggestions.
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