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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12798
Experience:  Significant experience in all areas of employment law.
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My local hospital has a job opening for an Emergency room Tech.

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My local hospital has a job opening for an Emergency room Tech. I have been waiting for the job posting as i was told would happen. when it did not, i made some calls, only to discover that when the hospital laid off all of the CNAs last year, the HR dept of the hospital made an agreement with their union that if any position became available, that HR would offer to them first internally. Can they do that? make an side deal with a union, which basically supersedes the usual employment laws of posting a job and allowing everyone to equally apply who is qualified?
They have no kept this job " quiet internally" for two weeks, waiting to see if anyone will apply from the fired CNAs want to apply. on top of that, I doubt any of them will be qualified and I can get them to show me the job description, i.e. post it.
Good morning and thank you for entrusting me to answer your question. I will do everything I can to assist you.

I am afraid to say that there is nothing illegal about an agreement which gives union members first consideration for job openings, and in fact, such agreements are rather common in private sector employment. Generally speaking, employers enjoy a vast degree of discretion with regard to whom they choose to hire. Very often these decisions are unfair and/or politically motivated, as is the case here, but that does not make the decision illegal.

Unless the basis for a job refusal is a legally protected trait (race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation), employers are free to base hiring on any consideration or criteria they desire.

I am truly sorry to deliver this information as I realize it is not what you were hoping to hear. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Please do not hesitate to let me know if you have any further questions or concerns. It is my goal to provide excellent service and it would be my pleasure to provide additional assistance if at all necessary.

Very best wishes to you in your job search moving forward.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

thanks. its what i expected but needed to be sure. i appreciate your expertise and expediency. ak


You are very welcome. I am truly sorry that I could not provide you with better news and I understand how frustrating this sort of thing can be in a job search. Honestly, I encountered something similar looking for my first job as an attorney.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.