Can an employer deny you employment on a posted position based on personal issues?
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Can an employer deny you employment on a posted position based on personal issues?
I am located a small town in WA and have applied to a position but was quickly shutdown. I later found out that the person for the final say had a personal conflict despite the fact we have never met. It turns out that he had been dating my ex and she had used my name in reference to me searching for a job in the local area, thus him making the connection. At first I was told the job was filled. Later I found that the job was actually still open. I reapplied and he says I don’t qualify. Is this legal? I have a great resume and contacts galore; qualified is far from the truth.
Asked on September 14, 2011 under Employment Labor Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First off, an employer has a great deal of discretion in whom to hire. Unless there was some company policy contrary to the way in which your situation was handled, or there existed an applicable union agreement covering hiring practices, or actionable discrimination was a factor in this matter, you have no claim (and an employer dating your ex-wife does not constitute such discrimination; generally it is perfectly legal to give a prospective employee more favorable or less favorable treatment than another).
The fact is that the majority of employment relationships are "at will". This means that an employee can choose whether or not to work for a certain employer. In turn, an employer can hire or fire and dictate the the terms and conditions of employment as it deems fit (subject to the above) . Therefore, an employer can refuse to hire a given employee for any reason or no reason at all.
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