Can HR Software Help Defend Your Company in a Lawsuit?
April 12, 2012
Today's guest blog post is by Jennifer King.
As a business owner, every applicant or employee represents a potential plaintiff in a lawsuit against your company. HR software could be your best bet for avoiding litigation or increasing your chances of a successful litigation outcome.
By taking advantage of some of the HR applications that can help with documentation, companies can minimize the risk of litigation.
Protecting Against Failure to Hire Claims With Applicant Tracking Software
While failure to hire claims aren’t as common as wage and hour or termination claims, companies can still take advantage of their HRMS to ensure they have the proper documentation and consistent processes in place for screening and interviewing job applicants.
“In cases such as these, we try to prove that the employer treated the applicant in the same consistent manner as they did with other applicants and that the reason they decided to pass was due to some legitimate reason based on qualifications or the applicant’s performance during the interview process as compared with applicant they ultimately hired,” says Ussery.
In addition to being able to electronically manage the recruiting, interviewing and hiring processes, applicant tracking software can help companies implement a more consistent application and interview process.
Employers can enforce a company-wide online application and consistent interview processes based on objective criteria for evaluating candidates, and then formalize those processes within an applicant tracking system.
“Having consistent documentation will be crucial if an applicant decides to bring up a lawsuit because they feel they should have been hired,” says Benedetti.
The information in this blog post is for educational purposes only and should not be construed as legal advice. You should contact your attorney to obtain advice with respect to any particular issue related to employment law.