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I am currently employed by an agency providing Ohio prisons…

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I am currently employed by...
I am currently employed by an agency providing Ohio prisons with as needed nursing staff. Several days ago I was informed by the agency that I was not a "Good Fit" for the place where I have been working full time since January of 2012. Before being hired for this agency I had been filling the same full time position for the previous staffing agency since May of 2011. This position became available for permanent placement in February. The posting came down on February 6, 2012. I applied for this position. However, there was an application made by a current employee which would allow him to lateral into the position. He refused the job. I had hoped that I would then be considered for the job. In-stead I was told that I was no longer a good fit for the job. I was also told that there wasn't anything available at this time. Other than age, I can not think of any other reason why I would not be allowed to finish my assignment that was to be thru March 24, 2012. What do you think?
Submitted: 6 years ago.Category: Employment Law
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Answered in 1 minute by:
2/23/2012
Employment Lawyer: AlexiaEsq., Managing Attorney replied 6 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13,637
Experience: 19+ Years of Legal Practice in the Employment law arena.
Verified
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

How old are you?
Also, can I presume you are employed in Ohio?
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Customer reply replied 6 years ago
I am employed in Ohio and I am sixty one years old.
Customer reply replied 6 years ago
Relist: Other.
After waiting 15 Minutes, I didn't get an answer.
Employment Lawyer: socrateaser, Lawyer replied 6 years ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,165
Experience: Retired
Verified
Hello,

Different expert here. Please permit me to assist.

In order to generally make out a case of age discrimination, the other employee who refused the position would have to be substantially younger than you (at least 20 years younger, and preferably under 40 years of age).

If that fits with your facts, then you may have a case, and you can file a charge with the EEOC. At this point you have nothing to lose by filing a complaint.

Note: If the permanent position was with the department of corrections, rather than with the staffing agency, then you would have to complain to the EEO office of the prison agency, rather than with the EEOC.

I don't see a direct EEO contact online for the corrections agency, but here is the general EEO contact for Ohio government.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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Customer reply replied 6 years ago
ToCustomer I'm not sure you fully understand my question. The person who turned the position down has nothing to do with my application. I am applying as an individual who has been working at this facility. I have had no complaints to this date. In fact I cann't even get the agency to elaborate on the "not a good fit" explaination for my removal from the schedule. If I am indeed qualified for the position and don't get an interview, Do I then have any recourse?
Employment Lawyer: socrateaser, Lawyer replied 6 years ago
The fact that someone else was offerred the position, if they are substantially younger than you, is evidence of possible age discrimination. If the person is of similar age to you, then that would be evidence against age discrimination, because it would show that age, by itself is not a criterion that the employer used to discriminate against you.

Your recourse in a complaint related to your age is thus fully dependent upon the age of the other person, even if they refused the job opportunity.

If age is not a factor, then you would have no recourse, because you were not a permanent employee seeking a new job opportunity -- therefore no agency grievance option is available.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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Customer reply replied 6 years ago
OK here's the deal. I asked the Health Care Administrater when my assignment would end and she told me that the person accepting the position would not be able to start until the last week of March which would end my assignment. When the applicant turned down the position, I believed that I would once again be in the running for the job. However, my assignment was abruptly terminated at that time because they stated that I was no longer a "good fit" for the position. There may be more to this reason than age discrimination but I am at a loss as to what it might be. If I am not interviewed and am qualified, what can I do?
Employment Lawyer: socrateaser, Lawyer replied 6 years ago
You seem to be searching for an answer other than the one I have provided twice already. Maybe I'm misunderstanding the facts, but I'll try again by explaining it differently.

Equal Opportunity law requires only that the prospective employer not discriminate against you based upon race, color, nationality, religion, sex, age or disability. Any other reason, no matter how malicious it may be, does not provide a legal recourse. The only facts that you have disclosed, is that you are 61 years of age. If you are of minority descent, a woman, Muslim, or suffering from diabetes, etc., then you may have a claim based upon a different discriminatory factor. But, you haven't disclosed any of these other possibilities, so I can only comment on the age factor.

The reason why the other employee, whether or not he/she accepted the position, is relevant, is because that person was offered the position, and so he/she provides a benchmark for eliminating various discriminatory motives. If that person is the same race, color, nationality, religion, sex, age or has the same disability as you, then that would exclude that particular discriminatory motive from consideration. To the extent that the other person is different from you in one or more discriminatory factor, that would give you evidence of a motive which would possibly lead to a successful unlawful discrimination claim.

If you want to find out why you are not a good fit, then by complaining to the EEO office, an investigation will occur, and maybe you can find out the answer to the question. You can hire an employment rights lawyer to represent you, but whether or not someone will take the case on contingency is unknown. You haven't provided an obvious "smoking gun," which is what most lawyers want before they are willing to take a case "on the come," as the saying goes.

If you would like me to evaluate other possible discriminatory motives, then feel free to disclose the relevant facts. Otherwise, my answer is unchanged from the original. You must find evidence of an unlawful discriminatory motive, or you have no recourse.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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Customer reply replied 6 years ago
Customer You are helping me. Thanks. I'm going to try and gather more information and get back to you with a more relavant question. Talk to you later.
Employment Lawyer: socrateaser, Lawyer replied 6 years ago
Then this Q&A is complete. Best wishes.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.

And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


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