How to reject a job candidate without being an asshole
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Re: How to reject a job candidate without being an asshole
#52The reason many places don't do this is not so much to avoid feeling like an a-hole but to avoid accidental liability. There are so many things you can't say or ask in an interview, that a lot of companies that are big enough to have an HR person or department will require a very generic rejection letter just to be sure they don't provide grounds for a lawsuit.
Recently I quit my job and put myself out there again. One company employs headhunters and has a very well-known developer in their employ. So at the time I was pretty chuffed to line up an interview, figuring I had no risk of "slamming into the ceiling" at all. I already had two offers in front of me, but I figured it was worth pursuing.
The best way I could describe the interview is if you were walking about as a child and saw an action movie hero that your admired -- and watched him punch out a six year old that happened to be in his way. Before he interviewed me the group manager asked what blogs I read, and I rifled them off with my thoughts on them. One I had mentioned that I didn't read, but that I was aware that he was attempting to make a name for himself by making more complex topics accessible to Joe average. Before the manager left he sternly warned me that if I were to mention that name in front of this individual, the interview would end immediately.
The fellow himself was abrupt, intimidating, and rather smug. I've interviewed hundreds of people, so I can sympathize to an extent regarding the monotony of asking the same questions over and over, but I was able to gauge from other team members that he simply wasn't having a bad day, but that's how he is to folks outside of his circle.
The recruiter had me come back in person to say that I was considered brilliant technically, but they would pass. She couldn't figure out why, so I mentioned that he gave pretty clear feedback on twitter, and it's not the first time he's done it. I pulled out my phone to prove it.
The recruiter was a superbly nice person, the type that worries about and tries to take care of everyone. She was shocked to the verge of tears -- an opportunity she sells as manna from heaven, and those were the kinds of comments he'd pass on to thousands of people as opposed to delivering directly to the individual. I didn't consider his criticism harsh, as it was valid to pass on someone who wasn't a very assertive and confident Type A personality when your organization has invested decades in building up that specific culture. Not to mention it's difficult to seem eager when considering the prospect of working with an outright bully. She was upset enough that she had to leave the room, and the account manager and I spent the next hour dissecting the organization's culture.
I think that's the only time I can ever really consider a rejection to not be kosher. Fortunately, the universe has a way of balancing these things out. His group is now one of my clients. I can't wait to see the look on his face when I pop into the room.
Re: How to reject a job candidate without being an asshole
#53Earlier quoted context omitted.
No. All you have to do is interview someone in a protected hiring class, and then say something in the rejection that contradicts or is in any way inconsistent with anything you have said or the candidate can claim you have said. Litigious candidates don't have to play to win the lawsuit, either; they can play to settle.
Litigious candidates can sue regardless of what you do. I refuse to let shysters, either opposing or my own counsel, determine how I interact with people.
Re: How to reject a job candidate without being an asshole
#54Earlier quoted context omitted.
fwiw, and this is certainly not my forte, i'd rather be an asshole than a defendant in a lawsuit like that
Depends who you are. If you're MSFT, IBM, etc then you don't even send a no thanks letter, you have nobody who isn't a certified HR person talk to a candidate and you don't allow any off the cuff remarks. The lawyer target cross section is too high. If you are a small startup in a high tech hub trying to attract people, and especially if you are in a market where the programers you reject might be future customers th…
Re: How to reject a job candidate without being an asshole
#55Earlier quoted context omitted.
Unfortunately, the accidental liability problem needs to be taken seriously -- mostly because of risk/reward. I try to write as nice and appreciative letter as possible. 1. I don't reject candidates -- I choose a different candidate. 2. The more they went through the process, the longer (and better) the letter. Rejected application, short thank you for applying. If you came for two interviews, but then we went with s…
I think 3 is a really great idea. Do you find that, in doing so, you get additional benefits yourself? I imagine you've already got places to look for new hires ect.
Re: How to reject a job candidate without being an asshole
#56The reason many places don't do this is not so much to avoid feeling like an a-hole but to avoid accidental liability. There are so many things you can't say or ask in an interview, that a lot of companies that are big enough to have an HR person or department will require a very generic rejection letter just to be sure they don't provide grounds for a lawsuit.
Avoiding a lawsuit is as easy as not citing illegal reasons for not hiring someone. E.g. “You’re a woman,” “you’re Indian,” “we’re uncertain how your disability will effect our workplace,” or “you’re too old.” (Or their codeword equivalents.) I think the author is just being civil and I commend him for it.
Re: How to reject a job candidate without being an asshole
#57Many of the comments below talk about potential legal liability from rejecting a candidate in an inappropriate way. Would someone care to clarify the sort of problems that can arise?
There are a lot of problems that can happen. For instance if you complain about hygiene and the person has a medical condition that causes them to stink (don't laugh, this happens), you can be sued for discrimination. If the person had a thick accent and you didn't want to hire because of the communication issue (I've seen candidates rejected for this reason), they could decide that you're racist and sue you. If the…
Re: How to reject a job candidate without being an asshole
#58Re: How to reject a job candidate without being an asshole
#59Earlier quoted context omitted.
Is there a way I can just waive my ability to sue? I would love to know my weaknesses in the eyes of others.
Not likely. Consider an extreme example where they admit they didn't hire you because you are black. They broke the law and cannot be protected. In other words, your signature does not provide a lot of legal security
Re: How to reject a job candidate without being an asshole
#60The reason many places don't do this is not so much to avoid feeling like an a-hole but to avoid accidental liability. There are so many things you can't say or ask in an interview, that a lot of companies that are big enough to have an HR person or department will require a very generic rejection letter just to be sure they don't provide grounds for a lawsuit.
Unfortunately, the accidental liability problem needs to be taken seriously -- mostly because of risk/reward. I try to write as nice and appreciative letter as possible. 1. I don't reject candidates -- I choose a different candidate. 2. The more they went through the process, the longer (and better) the letter. Rejected application, short thank you for applying. If you came for two interviews, but then we went with s…
If candidates know this is how you conduct the interview process, it seems very positive and always keeps the door open.