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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1738
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am a direct hire as Desk Clerk and sometimes as Interim Assistant

Resolved Question:

I am a direct hire as Desk Clerk and sometimes as Interim Assistant General Manager in three different hotel sites, the position has been open, I applied, got an interview but didn't get hire. The hiring building/site manager informed me that she went on a different direction, I didn't get the position but if ever or something that comes up into Assistant General Manager within the company, please don't stop applying. Is there any legal action for me not being hired? What are the right question to asked? What are the right things to do? Thanks
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today. Are you online with me?

Employment-LawExpert :

First let me say that I am terribly sorry to hear that you did not get the job. It is a shame when an employer makes a decision without legitimacy. Unfortunately, however, the law gives employers a wide berth in deciding who they want to hire. The only exception to this is if their decision violates a union agreement or if you were not hired as a result of you being part of a protected category. A protected category would be something such as your age (40 or older), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability. If you were not hired for one of these reasons, then you would have a cause of action against this employer.

Employment-LawExpert :

welcome to the chat

Employment-LawExpert :

The problem of course is finding out if you were not fired as a result of one of these categories.

Employment-LawExpert :

you can do this in one of three ways

Customer:

the hiring manager hired same color as she is

Employment-LawExpert :

That could be a legitimate reason to have a claim

Employment-LawExpert :

are the hires typically all of the same race?

Customer:

most employees on her building has the same color

Employment-LawExpert :

Then it definitely sounds like you could have grounds to bring a claim.

Customer:

what are the the three ways for me to do

Employment-LawExpert :

There are a couple of ways to do this. You could file a claim with the EEOC, the DFEH, or get an attorney in your area involved

Employment-LawExpert :

If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.

Employment-LawExpert :

If you decide to file a complaint with the DFEH you would do so here

Employment-LawExpert :

http://www.dfeh.ca.gov/Complaints_eCompProc.htm

Employment-LawExpert :

If you decide to file a complaint with the EEOC you would do so here

Employment-LawExpert :

http://www.eeoc.gov/employees/charge.cfm

Employment-LawExpert :

You would state that you were not hired because of your race, which can be seen by how many people of a particular race are hired at this location

Employment-LawExpert :

if no one of your race is hired, then you would have a strong case

Customer:

what are the right question for me to asked before I do so

Employment-LawExpert :

well, this person did say that you should not stop applying

Employment-LawExpert :

so, you may want to consider asking what you can do in the future to be seriously considedred

Customer:

she is not actually pure, she is half and half but same nationality

Customer:

does it work

Employment-LawExpert :

it does not matter what nationality she is, it only matters if she is discriminating against another nationality

Employment-LawExpert :

of course her being a particular nationality does lead to the inference of favoritism over a particular nationality

Employment-LawExpert :

but it is not determinative

Employment-LawExpert :

so in terms of what you can ask, you can state that you would really like to work there and see what else you can do to better increase your chances

Employment-LawExpert :

you can also ask what the person who she hired had which you did not and how you could improve

Employment-LawExpert :

this way you can determine if you think it is your race which is the reason why you did not get the job

Employment-LawExpert :

especially because no one is going to openly admit that

Employment-LawExpert :

the bigger problem you are going to run into is that they told you to reapply

Employment-LawExpert :

this does not suggest that they are discriminating against your race, but rather, went a different direction.

Employment-LawExpert :

So it may be tough to prove such a case

Employment-LawExpert :

but i wanted to make you aware of all of your options

Employment-LawExpert :

Does all of this make sense?

Employment-LawExpert :

So in short, 1) there is not likely any legal action you can do for not being hired unless you feel that you were not hired because of your race. 2) if you do feel that this is because of your race you will file a complaint with the EEOC, DFEH or hire an attorney, 3) to determine if you have a case an attorney (or investigator) will look into whether or not this person hires people of your race.

Employment-LawExpert :

As for what is right to do, that is entirely up to you. I cannot tell you what to do in a situation like this, I can only inform you of all of the options.

Employment-LawExpert :

I can tell you that if they are not discriminating, you should consider calling every month or so to see if there are any openings. This will likely put you on the front of the pile when it comes to hiring.

Employment-LawExpert :

You can also inquire if there is anything you can do to make you a better candidate. You do not want to ask to often, so as not to be annoying, but there is no harm in inquiring every month or every other month (unless they specifically say check back every three months, etc.)

Employment-LawExpert :

Does all of this make sense?

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Employment-LawExpert :

If there is anything I have missed, or if you need more clarification on anything I have said please ask and I will be further to discuss the issue further.

Employment-LawExpert :

Are you still here with me?

Customer:

sorry, i just spoke with my original boss

Employment-LawExpert :

not a problem.

Employment-LawExpert :

Have I fully answered your question today?

Customer:

I guess it's fine

Customer:

She hired someone that is been recommended from someone she know

Customer:

does it counts

Employment-LawExpert :

Unfortunately that would definitely not create grounds for a discrimination lawsuit. Again, she is allowed to hire someone else, as long as that decision is not for the purpose of discriminating against a person for a protected category

Employment-LawExpert :


I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Customer:

ok

Customer:

thank you

Customer:

bye now

Employment-LawExpert :

Have a wonderful rest of your evening. Before you go, please do not forget to provide a rating in the middle or above

Employment-LawExpert :

as this is the only way I will receive credit for assisting you.

Brandon, Esq., Lawyer
Satisfied Customers: 1738
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you
Expert:  Brandon, Esq. replied 1 year ago.

I wanted to write to check up to see if you had any additional questions or concerns concerning your question. If you do have additional questions or need additional clarification please do not hesitate to ask. Please remember that I do not know what you may already know or with that you need help with unless you tell me. If you have not provided a positive rating because you would like a different expert to answer your question, please ask and I will opt out of the question so that another expert may answer. If, however, you found the information helpful to you, please do not forget to provide me with a positive rating by clicking on one of the happy faces, or I will not receive any credit for my time in trying to assist you. Please keep in mind that even after a rating has been issued you can continue to ask questions related to the original post and I will be happy to answer them. If for some reason the rating feature is not working or you cannot find it, please write me back and let me know. Please remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law as it applies to your case. Have a wonderful rest of your evening.

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