Legal reasons to reject a job applicant

Why do I need to reject an applicant? Can an employer reject an unsuccessful candidate? What are the reasons for job application rejection? Should you call the applicant you are rejecting? Reasons to Reject a Job Candidate 1. Sloppy job applications are the fastest way to send job candidates into the “no” pile.

Many job candidates have quality skills, but their skills aren’t always the right fit for your job. Merely shopping around. Wants job for only a short time period. Little sense of humor.

Lack of knowledge in field of specialization. Parents make decisions for applicant. No interest in company or industry. Emphasis on whom one knows.

Unwillingness to go where employer needs to send applicant. The employer will have carefully crafted the job description and minimum job requirements for its advertisement. Assuming those requirements are appropriate to the job and do not run afoul of the PERM rules, it is perfectly acceptable to reject an applicant on the basis of a resume that clearly indicates the applicant lacks the required education, training, credentials, or experience for the job. If there is any doubt based on the resume, the employer should conduct an interview before rejecting the applicant.

An important PERM rule to consider here is that an employer cannot reject an applicant for lacking the skills necessary to perform the duties involved in the occupation if the applicant could acquire those skills during a reasonable period of on-the- job training. Having too much education, training, or experience for the job is never a lawful reason for rejecting an applicant for PERM purposes. See full list on nolo. An interview may reveal legitimate reasons for rejecting an applicant aside from not being qualified.

Poor health is a proper basis for rejection if it would affect job performance or reliability. If an applicant is interviewed and it is discovered that he or she cannot speak English well enough to perform the job , that applicant may be rejected. The employer must take care in rejecting applicants on the basis of inabilities or disabilities, however, since laws may require reasonable accommodations. It will not come as a surprise that people exaggerate or mischaracterize their qualifications on a resume, or even lie about them.

The employer may have asked applicants to provide references, and if any applicant’s references revealed something disqualifying or were not provide the applicant could be properly rejected. The same is true for criminal background checks. Also, it may come to light that the applicant is not really a “U. If the applicant for any reason does not wish to complete the application process, he or she may be properly rejected. There are many different ways an employer can improperly reject a job applicant for PERM purposes.

Most of them involve rejecting a candidate for failing to comply with a requirement that is not stated in the job advertisement. Employers must not reject an applicant for failing to meet an “inherent” job requirement or one that seemed obvious to the employer but wasn’t stated expressly. An example would be rejecting a teaching applicant with a below-satisfactory performance evaluation on her most recent student-teaching assignment where nothing in the employer’s stated minimum requirements indicates that an applicant cannot have a negative performance evaluation or a negative reference of any kind. If a resume is missing any indication that the applicant lacks some major required qualification, the employer may properly reject the applicant.

However, if the employer can’t determine from a resume whether an applicant has some other desired qualifications, it cannot ask the applicant t. You owe the candidate the courtesy of a call even if you follow up the call with a rejection letter. After an interview, you must call the applicant. Job applicants who are not selected for an interview deserve a rejection letter so that they can move on with their job search. Please note that Berkeley’s recently passed Measure P deals with a similar subject, i. Poor time keeping Not being on time, or even early for an interview is a major deal breaker. Excuses that will not.

Appearance All candidates should be suited and booted and dressed according to industry norms. Some sectors are more. In contrast, if rejection is because of something arising in consequence of their disability, this can, potentially, be justified. Criminal activity Most crimes cannot be discriminated against, so be sure to run a nationwide criminal report to uncover as much as you can.

The manufacturing or distribution of illegal substances is the strongest case for rejecting an applicant. Rejection Techniques to Make Your Job Easier! Unacceptable (credit or other reasons ) Unqualifie but can become qualified (co-signer or large deposit needed) Qualifie but you have someone else more qualified Legal Ways to Reject a Tenant Applicantare. Most jobs require something: a certain amount of experience or qualification. This is normally made obvious in the job description.

The vast majority of the time, this isn’t a recommendation. When done right, it helps you build a healthy talent pipeline and improve your employer brand.