To tell candidates they didn’t get the job, send a short, neutral notice through a channel that matches how far they progressed, state the decision without listing specific reasons, and layer in any extra steps required by the Fair Credit Reporting Act, federal recordkeeping rules, or federal contractor obligations. Keeping the message brief and factual protects your employer brand and limits the legal exposure that comes with explaining a non-selection in writing.
Match the Channel to the Interview Stage
How you deliver the news should track how much of your process the candidate went through. Applicants who only submitted a resume or completed a quick screen can be notified by email, and most applicant tracking systems will send that message automatically. That is acceptable at this stage as long as the template is professional and accurate.
Once a candidate has sat for a substantive interview, pick up the phone. This matters most for anyone who reached final rounds, met senior leadership, or completed skills assessments. A call acknowledges the time they put in and lets them ask a brief question. For executive candidates or anyone who went through an extended process, the hiring manager should make the call rather than a recruiter.
Whatever channel you use for the conversation, follow up in writing. Even after a phone call, a short confirmation email creates the record you will need for compliance.
What to Put in the Notice
Keep it short. Rejection letters that run past a few paragraphs tend to overexplain, and overexplaining is where the trouble starts. A workable notice contains:
- A subject line that references the job title and company so the candidate recognizes the message.
- The candidate’s name in the greeting. “Dear Applicant” reads as a mass mailing.
- One clear sentence stating that you’ve selected another candidate or won’t be moving forward.
- A brief, genuine thank-you for their time and interest.
- A professional sign-off with the sender’s name and title.
Skip lines like “we’ll keep your resume on file” unless your organization actually maintains a talent pipeline and revisits past applicants. An empty promise there can later be characterized as leading the candidate to believe they were still under consideration.
Don’t Explain Why They Weren’t Chosen
Many hiring managers want to give a reason, especially after a strong interview. Don’t. Specific reasons put in writing create a paper trail that can be used against the employer if the candidate later files a discrimination complaint.
Vague or subjective reasons are the most dangerous. Telling a candidate they “weren’t the right cultural fit” or “didn’t seem on brand” invites the inference that the real reason was a protected characteristic such as race, age, or gender. Even well-meant feedback about interview performance can be reframed as pretext if the candidate belongs to a protected class. Title VII of the Civil Rights Act prohibits employment decisions based on race, color, religion, sex, or national origin, and the EEOC investigates claims where rejection language suggests bias.1U.S. Equal Employment Opportunity Commission. Title VII of the Civil Rights Act of 1964
A neutral statement that you’ve decided to move forward with another candidate is the safest wording. If your company wants to offer feedback as part of its employer brand, route those conversations through HR or legal counsel first, and keep subjective assessments out of writing.
Internal Candidates Need a Different Approach
Rejecting a current employee who applied for another role calls for more care than an external rejection, because the working relationship continues afterward. An automated email or form letter is never appropriate here. Deliver the news in a private, in-person meeting when possible, or by phone if you’re in different locations, and have the hiring manager for the open role handle the conversation rather than a recruiter.
Unlike external rejections, internal candidates benefit from some explanation. A flat refusal to discuss the decision can breed resentment and hurt retention. Focus on objective gaps between the employee’s experience and the role’s requirements rather than subjective impressions, and frame the conversation around development: what skills or experiences would strengthen a future application. Connect the employee with mentoring, stretch assignments, or training programs if your company offers them.
Be careful not to turn development suggestions into promises. Saying “do X and you’ll get the next opening” creates an expectation you may not be able to keep. Keep the focus on the employee’s growth in their current role.
Extra Steps When a Background Check Influenced the Decision
If a consumer report such as a background check or credit report played any part in the decision, even a partial one, the Fair Credit Reporting Act imposes a two-step notification process that goes well beyond a standard rejection.
Before making the decision final, send a pre-adverse action notice. It must include a copy of the consumer report and a summary of the candidate’s rights under the FCRA. Give the candidate a reasonable window, generally at least five business days, to review the report and dispute inaccuracies before you finalize anything.
After that waiting period, if you still don’t hire, send a final adverse action notice. It must include the name, address, and phone number of the consumer reporting agency that produced the report, a statement that the agency did not make the hiring decision, and information about the candidate’s right to obtain a free copy of the report and to dispute its accuracy.2Office of the Law Revision Counsel. 15 U.S. Code 1681m – Requirements on Users of Consumer Reports
Skipping either step, or collapsing them into a single notice, violates the FCRA. If background checks are part of your process, build a separate workflow with its own templates and timing rather than routing these candidates through your standard rejection.
Keep the Records After You Send the Notice
Sending the notice isn’t the end of the file. Federal regulations require you to retain the candidate’s application, resume, interview notes, and related hiring records for at least one year from the date of the hiring decision.3eCFR. 29 CFR Part 1602 Subpart C – Recordkeeping by Employers This applies to every candidate, not only the person you hired. The ADEA imposes a parallel one-year retention requirement for applications, resumes, and other employment inquiries.4eCFR. 29 CFR 1627.3 – Records To Be Kept by Employers
If a candidate files a discrimination charge with the EEOC, the retention obligation changes. You must preserve all records related to that charge until the matter is fully resolved, including any appeals.5U.S. Equal Employment Opportunity Commission. Summary of Selected Recordkeeping Obligations in 29 CFR Part 1602 Destroying records early can bring fines, and a court may draw negative inferences about what those records would have shown.
Many states impose their own retention periods that exceed the federal minimum, with some requiring up to four years. Check your state’s rules and default to the longest applicable period. Retain a copy of the rejection notice itself as part of that file.
Additional Rules for Federal Contractors
Federal contractors face stricter requirements from the Office of Federal Contract Compliance Programs. Contractors with 150 or more employees and a government contract worth at least $150,000 must retain all personnel and employment records, including applications and resumes, for two years from the date of the record or the hiring decision, whichever is later. Smaller contractors follow the standard one-year minimum.6eCFR. 41 CFR 60-1.12 – Record Retention
Contractors that recruit online also need to track who qualifies as an “internet applicant” under OFCCP’s definition. A person counts only if they submitted an expression of interest electronically, the contractor considered them for a specific position, they met the position’s basic qualifications, and they did not withdraw before receiving an offer.7Office of Federal Contract Compliance Programs. Understanding OFCCP Internet Applicant and Traditional Applicant Recordkeeping Requirements For every database search used to identify candidates, contractors must document the search criteria, the date, and the results. Your rejection process needs to integrate tightly with your applicant tracking system rather than rely on informal email.
One boundary worth noting: federal agencies themselves are bound by the Fair Chance to Compete for Jobs Act, which prohibits asking about criminal history before a conditional offer.8Federal Register. Fair Chance To Compete for Jobs If a federal agency rejects a candidate after a conditional offer based on criminal history, that notice follows that law’s own procedures, separate from a general rejection.
When to Send the Notice
Send it as soon as the hiring decision is final. Most HR professionals aim for two to three business days after the selected candidate has accepted the offer. Waiting for acceptance protects you if your first choice falls through, but stretching past that point disrespects candidates who are waiting to hear back and may be weighing other offers.
For candidates who reached final interviews, get the notice out before you publicly announce the new hire. Learning about a rejection through a LinkedIn post or company announcement is the kind of experience candidates remember and repeat. If a candidate replies to your notice, a brief acknowledgment is fine; don’t get pulled into a debate about the decision.