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My employer refused to interview my spouse for a part tie…

My employer refused to...

My employer refused to interview my spouse for a part tie position, citing issues with multiple members of another family already working for us, one of whom has made multiple inappropriate sexual remarks in my presence.

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

Did speak to HR

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will no union, I am in sales

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

That's it

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Answered in 55 minutes by:
3/18/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,392
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. There are really two issues in your question.

First, I can understand your frustration of not having your spouse considered based on the bad conduct of someone else (or several other people). That said, legally your employer has the ability to decide who to hire, as long as someone isn't excluded from being hired based on an unlawful consideration (e.g., age, gender, race, etc.) Here the reason is nepotism/related individuals with the same employer and not one of these improper reasons. If you haven't already, you may want to speak with your employer about what an asset you believe your spouse would be and also that you understand that hiring family members has not always worked out for the employer, but no harm could come from interviewing your spouse and then making an objective decision (e.g., make a decision without consideration, or as if there was no connection) if that person is best for the job. You would hate for your spouse, if qualified, to miss out on the opportunity simply do to another's bad actions.

Second, the employer should address the actual bad behavior of the employee who made the inappropriate sexual remarks. If you have not already on that issue - and it seems you may have - a complaint with HR is appropriate. Conduct of this nature needs to be fully investigated and addressed if the employer wants to avoid legal liability in the future.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,392
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 5 months ago
We sent in another question late yesterday in regard to a personal injury medical issue and have not received a reply. Wondered if we would hear back on this as well? Thanks

Did you request me? If not, no worries; I just need to go see if I can find your question.

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Customer reply replied 5 months ago
No it was just submitted as a general question. Thanks

I have asked one of the JustAnswer moderators to check on it for you.

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Customer reply replied 5 months ago
Ok thanks
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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