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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29062
Experience:  More than 30 years in legal practice.
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My employment question is this: I have been pursuing a job

Customer Question

My employment question is this:
I have been pursuing a job since my first interview on May 16th. My final, and third interview, was on June 14th, with someone from Human Resources. I was offered the position, signed papers for criminal and credit checks (both excellent,no problem there), and given a start date of June 27th(this coming Monday). In addition, I was asked for my driver's license (I will be 60 in a few weeks), for, I assume the I-9 form. I didn't hear from them this week, so I called on Friday (6/24) to ask what time I should be there on my first day. I was coldly informed by the same Human Resource person that the position was given to an in house employee that requested a transfer. I was floored! They never told me there were any other candidates and that any current employees can apply and they would have priority over an outsider. I understand that, but then why was I hired and why didn't someone notify me and let my know I was unhired?
What are your thoughts? Can they legally do this?
Thank you,
Deborah
Submitted: 5 months ago.
Category: Employment Law
Expert:  Loren replied 5 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Do you think age discrimination may be a factor?

Did you sign a fixed term employment contract requiring cause for termination?

Customer: replied 5 months ago.
I am waiting for your response but thought you could use this additional information before you answer. On Friday, my original interviewer called, said he was sick wed, thurs, fri, and was very upset about what happened. He said he was working to see if there was another position in the company---after they hired me for one position,then they unhired me, then I called to get the name of the HR's superior, then there's possibly another position????? He said he will call me tomorrow, should I even speak to him???
thank you,
Deborah
Expert:  Loren replied 5 months ago.

Hi Deborah. I had responded, asking if you signed a fixed term employment contract and if you thought that your age may have been a factor in the recession of your offer.

You can speak to the interviewer. However, I am thinking that if a cause of action does exist here, it may be for age discrimination.

In order to make a successful claim for age discrimination you must first establish a prima facie case as follows:

In Fasold v. Justice, 409 F.3d 178, 184-85 (3d Cir. 2005), the court held that the plaintiff:

presented evidence that he (1) was over forty years old at the time of the adverse employment decision; (2) is qualified for the position in question; (3) suffered from an adverse employment decision; and (4) that his employer replaced him or her with someone sufficiently younger to permit a reasonable inference of age discrimination. See generally Potence v. Hazleton Area Sch. Dist., 357 F.3d 366, 370 (3d Cir. 2004); Anderson v. Consol. Rail Corp., 297 F.3d 242, 249 (3d Cir. 2002).

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint.

Expert:  Loren replied 5 months ago.

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