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Can an employer after telling you you"re hired turn around

 
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Can an employer after telling you you"re hired turn around 12 days later (when you were to start work) and tell you you're NOT hired? For no reason at all? They're still hiring others for that job.

 

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Country relating to Question: United States
State (if USA): Ohio

Already Tried:
Wrote to the site boss and spoke to the head of HR. The thing is ,after passing their qualifying tests(with flying colors, I might add) and being interviewed by one recruiter who was very satisfied with me and told me I was hired, another recruiter who felt I was "not a good fit" overrode the first recruiter after I had left, and I only found out on the set date when I came in to start training. The HR manager tried to cover for her recruiters by saying the first recruiter meant I was through

Submitted: 292 days and 16 hours ago.
Category: Employment Law
Value: $43
Status: CLOSED
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Expert:  Marsha411JD replied 292 days and 16 hours ago.

Hello,

Thank you for your question, however, I will need a bit more information in order to assist you. Did you have a written and signed Employment Contract? Do you have any theories as to why you were not selected for employment?

Thank you

Customer replied 292 days and 15 hours ago.

continued..."...through to the next stage but no such thing was said to me. According to the HR manager, that 'next stage" would then determine if I would be given a second interview, after which it would be decided if I was hired. This is a low level (call center ) job and several recently hired employees I've talked to said they were NOT subjected to a second interview or any such thing. Once the recruiter who interviewed them said they were hired, they were hired. What is more, in the intervening 12 days before I showed up at the place of employment, nothing was communicated to me, even though they had/have my phone number, my e-mail address, and my residential address. Since I knew I had been hired, I called off my job search, rearranged my plans accordingly to suit the training start date, and even acquired some work-appropriate clothes. No, I was not given a written and signed contract; the recruiter just told me verbally that I had been hired and would be receiving a call. But the call never came. So I called, twice, and left voice messages, but got no call back. I then decided to go there in person, which is when I was given the bombshell. I wrote a full account of my experience in my letter to the site boss. So far,at least, no-one has denied any of things I stated. My theory is that the second recruiter had prevailed on the my interviewer not to hire me ,after the fact. Reason? When I first arrived at the reception desk, that second recruiter had insisted that I was not qualified for the job, because I am not "proficient" in typing. I told her that I had basic typing skills, and that the on-line ad for this job mentioned no such requirement i.e. for proficiency in typing . I was later to find out that this second recruiter deemed me " confrontational " and "too aggressive" because of this response , which was delivered in just a normal tone of voice, i.e. not disrespectfully. As it happened, my turn to be interviewed fell on a different recruiter, who ,as I said, was very satisfied with me. After my interviewer told me I was hired, I even mentioned to her the exchange at the reception desk and my fear that I would be disqualified

because I was not "proficient" in typing. To this my interviewer replied, "IT"S NOT THAT NECCESSARY" What happened after I left is anybody's guess.

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Expert:  Marsha411JD replied 292 days and 15 hours ago.

Hello again,

Unfortunately I am logging off for the night, so I am going to opt out and let one of my colleagues assist you. They will contact you when they have a response for you.

Thank you for the patience.

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Expert:  LawHelpNow replied 292 days and 15 hours ago.

Hello,

Thank you so much for this opportunity to try and be of service to you today.

Wisdom...compassion..empathy. These are more than words for me. They are my promise to you.

I am a licensed attorney (member of the State Bar of Texas) and will do my best to provide you an honest and accurate answer to your important legal question.

QUESTION: "Can an employer after telling you you"re hired turn around 12 days later (when you were to start work) and tell you you're NOT hired? For no reason at all?"

ANSWER: First of all, please allow me to take a moment and say that I am genuinely sorry for all you have been through with this ordeal. I mean every word of that, and I deeply regret the obvious serious obstacles occasioned by this situation. Accordingly, I am pleased to share some good news with you. Here is how this works. You have a right to a workplace free of unlawful discrimination and/or harassment as defined by law, which are both categories specifically protected by federal law. That means not only once hired, but in the applying and interviewing stages as well. I am not saying you are the victim of unlawful discrimination, but I can say the only way to know for certain where you stand is to take some action. In terms of doing so, the remedy prescribed by law is exclusive, meaning if you want to assert your rights and secure an authoritative and official determination as to your particular workplace, this is done through the U.S. Equal Employment Opportunity Commission. Everything you need is provided here for free: Filing A Charge. You have six months from the last incident in which to file, meaning there is still plenty of time to act. As the investigation unfolds, you may receive what is called a "Right to Sue Letter". At that time, you would confer with legal counsel about filing civil litigation (lawsuit in Court). As to your first step, however, that would be to file your claim as soon as possible.

Truly, you do deserve appropriate and lawful treatment. I hope you see justice accomplished.

Please remember to rate my answer as "OK SERVICE", "GOOD SERVICE" or "EXCELLENT SERVICE. This is the only way I receive any credit for my efforts in trying to help you. If you feel the need to click either "Bad Service" or "Poor Service", please stop and reply to me via the REPLY button (not RELIST) with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. In rating my work, please realize that I am merely the messenger, meaning I do not write the laws and can only report them to you. Placing a BONUS is a nice way of expressing appreciation and will be most gratefully appreciated to allow me to continue helping customers!

Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.

Customer replied 292 days and 14 hours ago.

Thanks for your compassion and empathy; that means a lot to me. I'm afraid I cannot charge discrimination though. I have no basis for that. And ,as you certainly know, discrimination is extremely hard to prove. Were you able to read my full statement? It seems this is just a matter of a very thin-skinned recruiter feeling offended because I dared to point out that what she was telling me did not match what I had read on the company's website. My question is: Are companies allowed to play with one's life like this? Is there anything which binds them legally other than a written ,signed contract of employment? Is it correct to say that any employer has a right to change their mind and not hire someone after promising that applicant employment? The only evidence that exists in this case , if it still exists, is entirely in their control namely the computer tests I took (of 300 or so English ,Maths and other questions) and the interviewer's notes. Please see what you can come up with. Thank you very much.

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Expert:  LawHelpNow replied 292 days and 14 hours ago.

Hello again,

Thanks for writing back -- good to hear from you.

You are quite welcome -- my pleasure to be of some service!

I will be glad to comment further -- please see below.

Kindly just let me know if you are having any problem with submitting your favorable rating (acceptance) of my answer on the honor system. I would be glad to help out if so or ask our support team for assistance if needed. I mention this only because I have seen some confusion and the last thing I want is to see you encounter any frustration.

QUESTION: "My question is: Are companies allowed to play with one's life like this? Is there anything which binds them legally other than a written ,signed contract of employment? Is it correct to say that any employer has a right to change their mind and not hire someone after promising that applicant employment?"

ANSWER: Taking federal discrimination law off of the table, state law does indeed allow for a prospective employer to engage in every bit of conduct as you have described it. This is the application of the incredibly harsh and downright ugly "employment-at-will" legal doctrine. To put it plainly, absent discrimination and/or a written (must be written) employment contract), the law provides zero recourse. I would love to say otherwise, but I just respect you too much to do you the disservice of misleading you or providing false information, even when the means being the bearer of entirely correct although admittedly terribly sad and discouraging news. Neither you or I made this law, and very often I personally disagree with it, but nevertheless that is the truthful reality.

Take care and thanks again for choosing our service!

Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.

Expert TypeAttorney/Lawyer
Category: Employment Law
Pos. Feedback: 94.5 %
Accepts: 461
Answered: 7/13/2012

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