How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 9394
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

i live in california and work part time as an oral surgery

Resolved Question:

i live in california and work part time as an oral surgery assistant. i really need full time with benefits so i have been looking around but have not said anything to my current employer because i don't want them to get mad and just fire me. the oral surgery market is small with only a few offices in my area and all the doctors know eachother, some do not like eachother because of past history.
i applied for a full time job i saw advertized on craigslist and was interviewed by the manager and the doctor i would be assisting. at the end of that interview i was offered a working interview for the next week, the typical next step. a couple of days later the manager called and left me a message saying even though he thought i was a good candidate, the doctor cancelled the working interview because they did not want to get the reputation of recruting assistants. i called her back and pointed out that they weren't recruting, but i was responding to their ad. i also pointed out that i did not sign any kind of noncompete agreement. i asked if it would make a difference if i put in my resignation the following work day and she said it might and she would talk to the docter about it. she then avoided my calls for the next couple of weeks as they interviewed another candidate. when i fianally got ahold of her i asked what a person in my position should do and she said they would hire me if i were not working (i can't afford to just quit my job and hope something comes up) or if i worked in another county for a while (i can't work in another county because i can't commute that far due to having children i need to drop off and pick up from school/day care) she said she would keep my resume on file but they wouldn't hire me unless their "policy changed about hiring out of dr. ****"s office".
this seems pretty unfair to me as i have nothing to do with all these doctors past history, i just need a full time job with benefits. i wonder if what they are doing to me is illegal and what i can do about it.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 3 years ago.
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

I am very sorry to hear about this unfair hiring policy. To be clear, did you actually quit your job to get this new position, or did you just offer to?
Customer: replied 3 years ago.
i offered to, and the manager said she would speak to the doctor about it and get back to me. i don't know if she ever talked to the doctor about it because she kept avoiding my calls until they had set up an appointment with another candidate to interview. after they hired this person, and i called her because she was not keeping in touch like she said she would, she tried to deny that i even had a working interview set up. but i have her on vm cancelling it.
Expert:  Patrick, Esq. replied 3 years ago.

Thank you very much for this additional information. I hope that you will appreciate a very direct answer to your question even though it is not what you are hoping to hear.

What you have described is not illegal. An employer is free to hire or fire an employee for any reason whatsoever unless the underlying motivation relates to the employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

Employment decisions relating to any of these characteristics would constitute unlawful discrimination. However, employment decisions for any other reason, including simply not wanting to give the appearance of "recruiting" or "poaching" employees from other offices, is not illegal.

Again, I am very sorry to deliver this news to you but trust that you will appreciate receiving accurate legal information in response to your question.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 9394
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • LawTalk



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • LawTalk's Avatar



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • Brandon, Esq.'s Avatar

    Brandon, Esq.


    Satisfied Customers:

    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • melissamesq's Avatar



    Satisfied Customers:

    Represent clients to maximum recovery in employment cases.
  • /img/opt/shirt.png Attorney2020's Avatar



    Satisfied Customers:

    I have significant experience in employment law.
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel


    Satisfied Customers:

    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

Related California Employment Law Questions