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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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Is there a law out there that says that if you interview a

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Is there a law out there that says that if you interview a qualified applicant but are hesitant on hiring that person, you can wait like 31 days after the interview and then tell the applicant that you have either found someone or some other excuse other than the real reason for not wanting to hire that person. This happened to me I think. I was convicted of a felony and some companies are willing to hire me and others are not, but not all companies who are not willing to hire me are honest enough to say why they do not want to hire me, other than bullshit reasons, even though they know I am qualified and have a terrific resume and lots of experience. Is it illegal to NOT say the reason why you don't want to hire someone, the real reason that is. And is it illegal to offer a job to someone, but then take back the offer after finding out about a person's background and criminal record, even though they are very well qualified for the position?

Thank you for your question. Please permit me to assist you with your concerns. To ensure that I do not miss anything, I will go line by line with your post and respond to each point you brought up.

You posted:
Is there a law out there that says that if you interview a qualified applicant but are hesitant on hiring that person, you can wait like 31 days after the interview and then tell the applicant that you have either found someone or some other excuse other than the real reason for not wanting to hire that person.
There is no such law I am afraid. An employer is free to hire (or not hire) whomever they wish, provided that the reason was not discriminatory. An employer may choose to delay giving notice, but there is also no law or obligation to even inform if the employer is not extending a position offer to the applicant.

This happened to me I think. I was convicted of a felony and some companies are willing to hire me and others are not, but not all companies who are not willing to hire me are honest enough to say why they do not want to hire me, other than bullshit reasons, even though they know I am qualified and have a terrific resume and lots of experience.
That is quite likely very true. But they do not have to tell you the real reason, they do not have to give any reason at all as to why they choose to not extend to you the opportunity for employment.

Is it illegal to NOT say the reason why you don't want to hire someone, the real reason that is.
No, it is not. If for example I interview you for employment and choose to not hire you, I owe you no legal duty to tell you why i chose not to hire you, or even call you back and tell you what my decision may be.

And is it illegal to offer a job to someone, but then take back the offer after finding out about a person's background and criminal record, even though they are very well qualified for the position?
That is potentially actionable. Some states do have rules on discrimination based on criminal history or record but most do not. If you can tell me the state, I can look that up and see whether there are laws in place in that state pertaining to protection of known and admitted felons when they file for employment, or not. I do not wish to get your hopes up as most states do not have such protection, but I would be happy to review and give you the information that I will find based on the specific jurisdiction.

Good luck.

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