To hire or not to hire

..that is the question. Actually it's:

Are we legally "safe" to consider an applicant not "qualified" for the job because they really want more hours (I've determined this through the phone interview) and will take this job until something else comes up?

Here's some background: we have a part-time position that is only 10 hours a week, 2 hours per day. We get employment applications where they have checked the full-time & part-time box and they write in that they're available 20+ hours. Then they call in asking about openings & when I tell them about our pt opening, they say they have an app. in & they're interested. They say, oh that position is fine I'll take those hours, we interview & hire & they stick around for 3 months or so. We have found that generally when someone says they're available for 20+ hours that's what they want and they soon leave us (yep, this position is where 95% of our turnover is). No, we can't make it more hours because the error rate dramatically goes up after 2 hours of shelving library books.

Thanks for your input.

Kathy

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