Can a potential employer keep your job application even though you never accepted the job?
I went to a job interview and filled out a job application with all of my personal information on it. I then went home and did some research about the company and found out that it is just a scam. I went back the next day to get my application back and they told me they could not give it back because of the non-discriminating law. They said that they had to keep it on file for 2 years. Is this legal and how do I get it back?
1) The application is the company's property, not yours. Regardless of other legal obligations, they are under no obligation or requirement to return it to you. Applicant--and, for that matter, employee--files and paperwork belongs to the company.
2) It is true that companies are expected to keep applications on file for a period of time, so that if necessary, they have evidence to help them refute any charges of employment discrimination.
3) There should not be any sensitive information on an initial application--there is no need for it. If you did provide sensitive information (e.g. a social security number) the company is under a legal obligation to not misuse it or divulge it to others--but just in case, if you gave out information to someone you do not trust, you should monitor your credit for awhile and take other reasonable steps to see if there has been any misuse.