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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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i live in california and work part time as an oral surgery

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i live in california and work part time as an oral surgery assistant. i really need full time with benefits so i have been looking around but have not said anything to my current employer because i don't want them to get mad and just fire me. the oral surgery market is small with only a few offices in my area and all the doctors know eachother, some do not like eachother because of past history.
i applied for a full time job i saw advertized on craigslist and was interviewed by the manager and the doctor i would be assisting. at the end of that interview i was offered a working interview for the next week, the typical next step. a couple of days later the manager called and left me a message saying even though he thought i was a good candidate, the doctor cancelled the working interview because they did not want to get the reputation of recruting assistants. i called her back and pointed out that they weren't recruting, but i was responding to their ad. i also pointed out that i did not sign any kind of noncompete agreement. i asked if it would make a difference if i put in my resignation the following work day and she said it might and she would talk to the docter about it. she then avoided my calls for the next couple of weeks as they interviewed another candidate. when i fianally got ahold of her i asked what a person in my position should do and she said they would hire me if i were not working (i can't afford to just quit my job and hope something comes up) or if i worked in another county for a while (i can't work in another county because i can't commute that far due to having children i need to drop off and pick up from school/day care) she said she would keep my resume on file but they wouldn't hire me unless their "policy changed about hiring out of dr. ****"s office".
this seems pretty unfair to me as i have nothing to do with all these doctors past history, i just need a full time job with benefits. i wonder if what they are doing to me is illegal and what i can do about it.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

I am very sorry to hear about this unfair hiring policy. To be clear, did you actually quit your job to get this new position, or did you just offer to?
Customer: replied 5 years ago.
i offered to, and the manager said she would speak to the doctor about it and get back to me. i don't know if she ever talked to the doctor about it because she kept avoiding my calls until they had set up an appointment with another candidate to interview. after they hired this person, and i called her because she was not keeping in touch like she said she would, she tried to deny that i even had a working interview set up. but i have her on vm cancelling it.
Expert:  Patrick, Esq. replied 5 years ago.

Thank you very much for this additional information. I hope that you will appreciate a very direct answer to your question even though it is not what you are hoping to hear.

What you have described is not illegal. An employer is free to hire or fire an employee for any reason whatsoever unless the underlying motivation relates to the employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

Employment decisions relating to any of these characteristics would constitute unlawful discrimination. However, employment decisions for any other reason, including simply not wanting to give the appearance of "recruiting" or "poaching" employees from other offices, is not illegal.

Again, I am very sorry to deliver this news to you but trust that you will appreciate receiving accurate legal information in response to your question.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
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