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I just had a large employer in AZ offer me an interview for…

I just had a...

I just had a large employer in AZ offer me an interview for a 75k job and then cancel it. They stated the position was being cancelled but the employment website says they have another more qualified candidate which I don't believe because I have specific experience they requested and a Master's degree and the position was re-listed today on Glassdoor.

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

The HR recruiter was the one that emailed me to say the position was cancelled. I have not discussed this with a lawyer but I did call the AZ attorney general because I'm 56 and it could be age discrimination.

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

I am a job applicant.

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Answered in 1 minute by:
3/29/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks so much for your patience. I'm sorry to hear about your situation.

This to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law under the Age Discrimination in Employment Act. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one.

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You may have something under contract law, too.

Although there may not have been a binding agreement, you may have some recourse under the legal theory of promissory estoppel. What this means is that if someone made a promise upon which another person detrimentally relied, then the aggrieved party may be entitled to damages. Promissory estoppel usually requires five (5) things:

1. The defendant made a promise that was clear and unambiguous in its terms

2. The promisee relied on the promise.

3. The reliance on the new promise was reasonable and foreseeable.

4. You were injured by the reliance.

5. Injustice can be avoided only by enforcement of the promise.

Accordingly, you may want to consider just writing a formal demand letter that they either honor their promise or they pay you the reasonable damages that you incurred as a result. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. If this doesn’t work, sadly, the only other option is to go to court to have a judge enforce the law. How else can I help today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Customer reply replied 23 days ago
There was a clear promise to interview in writing. That is not a promise of employment. What bothers me is the lying. The recruiter who offered me the interview said the position was cancelled. The company website said they were moving forward with a more qualified applicant. And the position that was supposed to be cancelled was re-advertised on Glassdoor today. I don't believe this company has a qualified applicant. The issue Maybe my age which is 56 or it could be that my experience that was from earlier in my career but the field has not changed so I don't see how that should matter. I have another interview for a similar position with a bank in Colorado tomorrow morning
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Customer reply replied 23 days ago
Ok, thank you.

You bet.

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This to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law under the Age Discrimination in Employment Act. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 300 days. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

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