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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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I have worked at my current job ,working 72 hours every

Customer Question

I have worked at my current job for 7yrs,working 72 hours every payperiod (2300-0730am).I have had sleep problems for over 3years,my health is not doing good.Anyway there was an open position posted on 4/17 for 56hrs every payperiod and I applied for it on 4/28.
On 4/29 I was informed by my supervisor that the position has been filed,given to an employee who was just hired on full time(80hrs a payperiod ) position 2months ago.
7 people applied for the position, 2 of us happen to be current employees and the other 5 applicants were from outside.
My questions are
1: since I am there current oldest employee shouldn't I be given consideration going by seniority?
2 :how come no body interviewed me
3: how come the position was filed even when the posting was still open for people to apply?
4:what do I need to do..what is the process
Can I file a complaint?
Thank you
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
I just need to know what I need to do and my chances
Expert:  Andrea, Esq. replied 1 year ago.
Hi, my name is ***** ***** I will glad to Answer your question, and the only thing I ask in return is that you leave a positive rating which will not cost you anything, Fair enough ?
You asked the following questions -
1: since I am there current oldest employee shouldn't I be given consideration going by seniority?
2 :how come no body interviewed me
3: how come the position was filed even when the posting was still open for people to apply?
4:what do I need to do..what is the process
Can I file a complaint?
1. 1: since I am there current oldest employee shouldn't I be given consideration going by seniority?
ANSWER -
If your employer has a written policy that requires the company to give consideration first to people who are already employed by the company, then your employer can be held accountable for not giving you consideration before it considered others who were not already employed by your company. But, there is no law that requires an employer to give first priority to individuals who are already employed by the company;
2. I cannot Answer your question as to why you were not interviewed. That question can best be answered by your company's Human Resources Department;
3. Nobody has any way of knowing why the position was filled when the job was still posted as "Open". Your Human Resources who has the primary responsibility for hiring is the only department who can answer that question;
4. What you need to do at this time depends on who your company hired to fill this position. If you are older than the person who was hired to fill the position, and you are over 40 years old, then you can file a "Charge" with the Equal Employment Opportunity Commission ("EEOC") for age discrimination. The EEOC will investigate and if they find that your employer discriminated against you for age, race, religion, then they will issue to you a "Right to Sue" letter and you can sue your employer for discrimination. You do not have to be afraid to go to the EEOC because if your employer retaliates against in any way, for going to the EEOC to file a "Charge", then the EEOC will impose a severe penalty on your employer.
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Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,
If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,
Thank you for allowing me the opportunity to assist you,
ANDREA