Not Hiring Based on a Gut Feeling

not hiring based on gut feeling


Sometimes we do not hire someone based on a gut feeling. Could this create problems down the road? Candidates need to be hired based on objective data not for subjective reasons. While there is no law that says you cannot hire people or not hire someone based on your gut feeling, you will have to be prepared to defend it if something ever comes up later with a candidate not being hired. An example would be Mary, who is Native American, but you do not hire her because you believe she has lied on her application. If she thinks she was not hired due to her skin color or ethnicity and files a charge with the Equal Employment Opportunity Commission, you will have to support your decision to not hire Mary. That means presenting evidence showing how you came to your decision. You need to have actual proof showing it was not just your gut feeling to protect yourself and your business organization.

This can be done by using the same screening process for all candidates. Interviewers may want to use the same type of questions for each candidate and keep a type of scorecard for everyone who goes through the process. References should also be checked.

All possible candidates should go through the same process in order to use the most objective means of hiring.

Revolution Law Group is located in Greensboro, NC, and serves individuals and small businesses throughout the Triad and surrounding areas. To contact us please visit or call 336-333-7907.

The information included here is for informational purposes only, is not exhaustive of all considerations when creating documents, is not intended to be legal advice, and should not be relied upon for that purpose. We strongly recommend you consult with an attorney and do not attempt to create your own documents.