Age discrimmination, should I contact a lawyer ?

Question

I recently had two job interviews at a fortune 500 company in California for a receptionist position. At end of 2nd interview, I was told, "We would like to make you a job offer, after we do a background check" ( My background is spotless except for a traffic ticket 10 years ago). When I called back after 9 days they coldly told me the position was filled ( No explanation) and the job is again being posted on job boards. I believe after the 2nd interview they realized I was over 50. I believe my age was the issue. However in the intereview they stated I was qualified and wanted to make me a job offer. Is this a verbal contract.

Answer 1

Not sure how you would do this, but could you do a background check on yourself to see if there is anything there incorrectly? There are tons of cases of credit reports being flawed. Isn't it possible that a background could have false information in it?

If they found something, they certainly should have told you.

Answer 2

If they actually said, plain as day "Do you want this job?" and you said "yes, I want this job" and they said "okay you are hired"- then you have a case. If anything short of that occurred, than you don't have a verbal contract. However, there may have been a breach in "equal opportunity" where age is considered. It may be more costly than it's worth to hire a lawyer and take it to court (you may not even win, I don't know the whole situation), so you may be better off swallowing it down and moving on. It's up to you, but it probably wouldn't be worth it. I'm sorry that there's still discrimination around and it seems you had to face it, I know it's frustrating (I'm always 'too young' for the job and age discrimination is only present if the discriminated is 'over aged'). Good luck with whatever you decide to do!

Answer 3

Stating that you are qualified for the job and that they needed to do a backround check is not a job offer - if the results that they found in your backround check indicated something that they didn't like, they don't have to let you know. Maybe they did hire someone else and that fell thru that is why it is back out there on job boards. Most hiring managers don't care about age, and frankly a manager can usually surmise someones age anyways, so I don't necessarily think that this is age discrimination.
Keep hunting the perfect job is out there for you!! Good luck!

Answer 4

Well to start they never promised you a job so there was not anything wrong that happened! If only I had a dollar for everytime I have heard "we would like to make you an offer, after we do a background check" and never got the job & I am only 20 years old.

Answer 5

I hate to tell you, but I think contacting a lawyer would be fruitless. They never hired you, so the rights you have are limited. Had they hired you, and then fired you because they found out your age, that would be another story. My Mom went through a similar situation at a temp agency. Unfortunately, I don't think there is a remedy to this problem. Don't give up though. Good luck!

Answer 6

You should have asked them if that was a verbal contract, because right now they can say that it WASNT...because there was no tape of it and it was not written down. I would contact the company and tell them how you feel and see what they say. Maybe they did something wrong in your background check (it has happened) or maybe they put your file aside and forgot..? I would definitely call and let them explain before you file and law suits.

Answer 7

Sounds like age discrimination to me. You need to contact the local office of the E.E.O.C. and the state employment office. Depending on were you live the state might have stricter laws that the Federal government does. Then if necessary contact a Lawyer. GOOD LUCK!

Answer 8

Workers should get and keep jobs based on their ability, not age. The Age Discrimination in Employment Act of 1967 (ADEA) protects people age 40 and over from employment discrimination based on age. The law says that an employer may not fire, refuse to hire, or treat you differently than other employees because of your age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. The ADEA makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. As a narrow exception to that general rule, a job notice or advertisement may specify an age limit in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BFOQ) reasonably necessary to the essence of the business. The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC). http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.eeoc.gov&exitTitle=Equal_Employment_Opportunity_Commission&fedpage=yes

The ADEA is your first defense against age discrimination. There has to be a lawful reason - not connected to age - for almost all employment decisions.
* The law covers workers and job applicants age 40 and over.
* The ADEA applies to employers with 20 or more employees. This includes local and state governments and the federal government. It also includes employment agencies and labor unions.
* The ADEA does not apply to independent contractors or elected officials. It does not usually cover police and fire workers, certain federal employees in air traffic control or law enforcement, or certain highly paid executives. While persons in these positions could be retired on a mandatory basis, they cannot be denied a promotion or training base on age.
* There are exceptions to the ADEA when age is a necessary part of a job. For example, an employer can hire a young person to play the role of a 12-year-old in a play.
* Most states have anti-age discrimination laws that apply to employers with fewer than 20 employees.

If you feel you've been discriminated against on the job, talk to that potential employer to see if you can resolve the matter. If you can't resolve the matter, you have the right to file a charge with the Equal Employment Opportunity Commission (EEOC), the federal agency in charge of enforcing the ADEA. There are very strict periods for filing a charge. The EEOC can help you only if you keep to all the time requirements. Usually, you must file your charge within 180 days after the alleged act of discrimination. It is best to act as soon as you suspect discrimination.

Call the EEOC at 1-800-669-4000 or go to www.eeoc.gov http://www.eeoc.gov/ to find out where the closest EEOC field office is and they can transfer you to that office. Get details on exactly what you have to do to file a charge. Then you can file your charge in person, by mail, or by phone and your EEOC field office will tell you if you should also file a charge with your state anti-discrimination agency. It is up to you to gather all the documents that support your charge. The EEOC, or a private lawyer, can tell you what to provide. If you can, it's best to file in person, but in any case, get a date or time-stamped receipt for everything that you submit.

If you file a charge with the EEOC:
* The EEOC notifies the company that a charge of discrimination has been filed against them.
* The EEOC makes the decision to investigate the charge immediately or to proceed with a fact-finding process.
* During the fact-finding process, EEOC asks both parties for supporting documentation about the alleged discrimination.
* In the meantime, the EEOC attempts to resolve the problem between the employee and the [potential] employer through mediation. It uses a neutral third person to assist you and your employer settle a charge of discrimination. Mediation is voluntary and confidential. You do not lose any rights when you agree to try mediation.
* If no agreement is reached in the fact-finding process, the EEOC will decide whether to investigate the case further, to consider it for legal action, or to close the case.

Most charges filed with the EEOC are investigated and dismissed and very few proceed to a court case. However, if the EEOC does not resolve the charge it is your right to sue on your own. The time limits for this are also very strict-typically you have 90 days from receiving notice that the EEOC has terminated its proceedings. Litigation takes a great deal of commitment, time, and money and it can take an emotional and personal toll on you and your family. Before you decide to file a lawsuit or not discuss these concerns with your lawyer and your family.

Answer 9

This is a question for a local lawyer AFTER they have reviewed all the facts!

Call a local lawyer. Most will answer one question without charge.

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