Employment Law Questions? Ask an Employment Lawyer.
Hi, Tanya, my name is XXXXX XXXXX I will be glad to assist you with your question,
1. Were decisions made based on resumes only, or did you and the other employees have to be re-interviewed ?
2. Do you believe that you have been discriminated in any way, based on race, color, creed, religion, age, gender, or disability ?
Thank you and I look forward to your reply,
Thank you for your reply, Tanya, and for your additional information,
" I noticed some of the unique language I used on my résumé to describe my role was included in the description. Should I ask for any feedback as to why I wasn't offered the job? Investigate further? Seek council? "
You should ask for feedback as to why you were not offered the job. The fact that the job description used by your former employer were the words you used to describe your responsibilities on your resume makes the former employer's decision not to hire you very suspect. Be sure that the feedback you receive makes sense on why you were not offered a position after the reorganization. Not only think about the actual feedback, but also consider who is giving you the feedback, i.e., do they have something to gain or lose if they give you honest feedback, how reliable is their feedback, who is their source for this feedback.
I also believe that you should investigate further to double check the feedback you are getting. The only reason I am making these suggestions is because of the similarity between your resume and the job description. It appears to me that you should have been offered the position, and the fact that 6 others were offered their positions back, but you were not, and you are the only individual who is a member of a minority. If I were in your position, I would get as much information as I could as quickly as possible, think about it for a day or two and then file a formal Complaint with the Equal Employment Opportunity Commission ("EEOC"). You have nothing to lose and if it is found that the reason you were not re-hired was based on any of the grounds of discrimination, you would have a pretty strong case against the employer for wrongful termination. Any formal Complaint with the EEOC must be filed within 180 days of the event giving rise to the discrimination. Once you receive your "Right to Sue" letter from the EEOC you can then file suit against your former employer,
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