Does an employer have the right to demand at least 5 qualified applicants for a position?

UPDATED: May 31, 2012

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Does an employer have the right to demand at least 5 qualified applicants for a position?

I applied for a Federal job, qualified, but was told they were reposting the job to get more applicants. I qualified the second time. They said they were opening it up to the public for the third time. Was I not entitled to an interview because I qualified?

Asked on May 31, 2012 under Employment Labor Law, Vermont


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is up to employers to decide whom to hire, when; and as part of that, they are entitled to determine for themselves how many applicants to review for a position and when to conclude the hiring process. The employer may feel that an candidate is qualified, for example, but not ideal, and wish to see if someone who better fits their needs comes along; that is legal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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