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Recently, I applied for a position at a nearby company and was turned down. The statement I was given "You have not been selected for an interview. You need a reference within the company is needed before consideration for employment will be given." At 20 years old, and ex-military, I'm furious that I've just been turned down with my work history, and 18 year olds have been given jobs because they have family working for the company, even though these kids have little or no work experience, sometimes not even a diploma.

Can I sue or otherwise take the company to court for this??

2007-03-16 01:58:49 · 14 answers · asked by Airborne Retired 2 in Politics & Government Law & Ethics

14 answers

A company can set up it's own hiring criteria and as long as they don't discriminate by race, religion, gender and such, it is perfectly legal.

2007-03-16 02:25:16 · answer #1 · answered by Anonymous · 0 0

you couldn't sue them for discrimination. First, you would have to prove that you weren't hired because of age, sex, or color.

Secondly, you stated that a refrence from somebody in the company would be required before you were hired. Did you get a refrence from somebody in the company? If you didn't that's your own fault.

Lastly, an interview is not a guarantee you will be hired. Another possibility is that if you have prior military exprience in this field, you may be over qualified if it's an entry level position. I went through that when I got out. Starting fromg the bottom all over agin really sucked. But taking them yo court would be a waste of time and money on your part.

2007-03-16 11:16:21 · answer #2 · answered by evil_paul 4 · 0 0

You can take anyone to court that you want. But I would advise that you have a good reason when you do. In this case I don't believe you do. You see, an employer has a right to hire anyone that they want. You seem to think that you have a special right which I don't agree with. Do you feel because you are ex military that gives you special rights? Unfortunately that's not the case.
Could it be that they sensed your attitude was not in their best interest? It is very easy to determine who should be hired. If you were a business owner, would you hire this person. Sort of puts it in a different light doesn't it. Change your attitude and you will change your hire ability.

2007-03-16 09:15:18 · answer #3 · answered by H.C.Will 3 · 0 0

No. It might be unfair, a bad idea or even discriminatory, but there is nothing illegal about it. Although federal and state laws provide some anti discrimination protections, employers generally have very broad discretion in determining the qualifications used to hire employees.

Unless the reason you were given an interview is specifically prohibit by law such as your race or gender, then you have no claim. That's just they way the law is, sorry.

2007-03-17 12:38:38 · answer #4 · answered by Carl 7 · 0 0

You could but you're not going to get anywhere with it. All that might be rewarded is that you get the position and ask yourself do I really want to work for people like that? Unfortunately in today's world just because you're ex-military doesn't mean you get automatic respect from employers. I have 4 engineering degrees and have been trying to get a job for 5 years now and I don't get any respect. Focus your energy towards getting a job. I say you move on.

2007-03-16 09:15:00 · answer #5 · answered by danger 1 · 0 0

So hey, I worked assembly line at a major computer mfg as a temp 3 times. They have to let you go at 89 days or hire you. The third stint showed me the crew you get assigned to has to be 70% ethnic to make the 91st day at that company. They know exactly what they're doing. Just wait until you get past 45 years old. I can write a good enough resume. I never get past the interview in the HR office.

2007-03-16 09:14:28 · answer #6 · answered by Anonymous · 0 0

Heck, some companies give applications to their current employees to give to people before they ever accept them from the public.
It's not ethically or morally right, but it is legal. As long as they didn't say they don't hire based on discrimination practices then they are within their rights to hire the most incompetent people if they want.

2007-03-16 09:13:33 · answer #7 · answered by Susie D 6 · 0 0

If the policy is to have a reference within the company,then no you do not have grounds to file discrimination.The reason you give is not listed in the discrimination outline and can not be justified.Sorry.

2007-03-16 09:21:50 · answer #8 · answered by Anonymous · 0 0

Maybe you can. But I wouldn't want to work for a company that treated an ex military man that way!

2007-03-16 09:04:15 · answer #9 · answered by janice 6 · 1 0

You can't sue. AS long as everyone is required to have the letter there in no discrimination.


There are lots of companies, you shouldn't have a problem.

2007-03-16 10:16:10 · answer #10 · answered by Anonymous · 0 0

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