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Surely you’re open to a lawsuit anyway: candidate doesn’t get a response to a feedback request and sues because they’re a minority, no response must mean discri
by dkersten 8y ago
Surely you’re open to a lawsuit anyway: candidate doesn’t get a response to a feedback request and sues because they’re a minority, no response must mean discrimination, right?
- rock_hard 8y agoWhat the company is trying to do is decrease the attack surface
- stronglikedan 8y agoNope. I live in an at-will state. Even then, when letting someone go, if you give a reason, you may have to prove that reason in court. If you don't give a reason, then you won't have to prove anything. Therefore, a simple, "you don't fit into future plans" is always the safest reason, and nothing more. It sucks and it's cold, but it's the harsh truth. Similarly why you see very few companies and people apologizing for misdeeds, even if they're really sorry - because it opens them up to liability.
- Twirrim 8y ago> Surely you’re open to a lawsuit anyway: candidate doesn’t get a response to a feedback request and sues because they’re a minority, no response must mean discrimination, right? No.. because all you have to do is demonstrate that you followed standard procedures. Your lawyers would respond to their lawyers with appropriate policy documentation, and their lawyers would tell their client that there likely isn't a case. The only way there would be a case would be _if_ the person could find others who had received feedback.
- dragonwriter 8y ago> Surely you’re open to a lawsuit anyway Of course. But every piece of information the ex-employee has is potential evidence that could be used to support a discrimination claim, and since you don't know what other information they have it will be able to gather and how any feedback you provide will look in light of that, the simple solution is to provide nothing.