What are my rights if I feel that I didn’t get a job because my employer wants to hire their friends/family?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I feel that I didn’t get a job because my employer wants to hire their friends/family?
I applied for a position and took a required test for future employment. I felt very confidant and was looking forward to an interview when I got an email replying that I hadn’t met the minimum qualifications necessary to continue in the hiring process. I replied with an email asking for more clarification and was told that they don’t release the testing scores or any information related to them. I feel like theres more going on, if it was just a matter of a failed test then why don’t they release that information? I feel like they use the test as an excuse to not hire people so that they can hire the people that they want to hire friends and family. Is there anything that I can do?
Asked on October 7, 2015 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The fact is that not all employees, or prosective employees, need be treated the same or even fairly. Discrimination in employment is not against the law unless it constitutes actionable discrimination. This means that if you were not hired due to your being member of a legally protected class, then you would have a cause of action. So, for example, if you were declined a job due to your race, religion, gender, sexual orientation, nationality, age or disability, that would be illegal. However, if you were not hired because your employer gave preference to their family and/or friends, that is perfectly permissable under the law. Perhaps unfair but legal. In at will employment, for the most part, an employer can set the terms and conditions of employment much as it sees fit, and this includes who to hire or not hire.
Note If your treatement violated the terms of a union or collective baragaining agreement or company policy itself, then you may a have a claim. However, you did not indicate that to be the case.
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 AttorneyPages.com 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.