Employment Law

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Would you please tell me about the fee? I don’t see this…

Hello! Would you please...

Hello! Would you please tell me about the fee? I don’t see this info her

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Or is it a free service?

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

I was selected as a finalist for a trainee position with nys department of labor, based on my test score of 100 % and the interview, but was not offered the job. Can I request any kind of explanation from them?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

One of the requirements was being bilingual, which I am. Also my experience was directly relevant to the trainees position. How come that a score of 100% on the test, plus languages, plus experience were not good enough for a trainees position? I was on the top of their list. Two other applicants interviewed. I understand I might not be the best of the three, but have reasons to believe I was discriminated against because of my age - a 50 year old female. Also, there were two other instances which in retrospect seem discriminatory. Thank you and please let me know of the fee.

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Customer reply replied 5 months ago
I need to know how to ask them to explain the decision not to hire without any legal action-after all, they can’t quote my score, skills ( that’s a trainee position), interview performance ( since I was selected as a finalist) as excuses not to hire. In a federal agency, can it be a personal preference of the manager not based on anything objective? If yes, is there a way to fight this?
Many thanks in advance for your response.
Customer reply replied 5 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 5 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 1 day by:
3/18/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,727
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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You can send a simple letter asking to know the qualifications of the two other applicants that were interviewed for the position, their sex, ages, race, nationality, and why you were not chosen for the position inspite of your qualifications. Legally, they are not obligated to tell you why you are not selected. However, they are required to tell you the qualifications of the other applicants. With that information, you can make a decision whether you were discriminated against in the hiring decision and what action you can then take to see redress including filing complaint of discrimination with New York State Division of Human Rights.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 4 months ago
Hi and thank you for the response.
Under which law or regulation are they required to tell me the qualifications of the other applicants? If it’s FOIA, I am afraid they will cite item 2 - protection of privacy? - and that will be it. Which labor law should I reference in my request to disclose the information? Thank you in advance.

The information is available through the Freedom of Information Act Request. Privacy Act does not apply here since you are not seeking the identity of the individuals. You are only seeking information regard their qualifications, sex, age, race, and nationality.

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Customer reply replied 4 months ago
One more question, please, and I’ll provide the rating. Which department do I write to? The interviewing agency or NYS department of labor?

No, problem.

You would write to the interviewing agency because that is the agency that sent you the rejection letter.

Best wishes,

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,727
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 months ago
I just rated 5 stars. Thank you again.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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