Is this legal???

Question

Can a business post a job listing for something that isnt really what the job description is? and when you get there they refuse to give details of pay/benefits and actual job description? then make you go on a false interview that is really making you do charity work then not pay you for the time you were there? Then not allow you to use a cell phone to contact anyone letting them know where you are? Oh and did i mention not giving you a lunch break?

Ok here are all the details... I applyed for a graphic design job and went on an interview when i asked about any sort of pay or benefits they would tell me i cant ask those types of questions. then they tell me that i am going to the job site for a different interview and i was to go with another employee and not take my car there. when i get to the "Job site" they had me standing in front of a supermarket asking people for charity money. So since i didnt have my car i was kinda stuck there and couldnt leave. They told me i am not technically an employee but i am representing the company so i was not alloud to use my cell phone to contact anyone to let them know what was going on. So while the other people who worked there were "employees" they got paid for the day of standing and begging people for money while i did not. I applied for a graphic design job not charity work.

I wasnt hired at all they told me that i was going for a second interview when they told me to go with one of the other employees to the other job site. so i didnt sign papers of employment i was under the impression i was going to see a different manager for another interview. when i got there it was a supermarket and the girl that drove me there said i wasnt alloud to speak and just to watch how they conduct business. So i was kept there all day from 9 am till 5 30 pm with no lunch just a bathroom break. there was no other interview. there was no formal hiring.

Answer 1

Not quite illegal. Employment is at-will. You can quit or walk out if you don't like it. If you were forced to stay, then that would be false imprisonment and/or kidnapping.

Answer 2

If it was for one day, chop it up as a loss, and report the company to the Better Business Bureau. Secondly, I hope they didn't give you paperwork that you neglected to read. Because that would mean you hosed yourself. Depending on the number of hours you "worked", you may or may not have been entitled to a lunchbreak (6 hours gets you a 15-20min break). As far as the phone, they can't completely stop you without threatening or assaulting(undesired physical contact) you. Sounds like you screwed yourself, going on an interview and not researching the company beforehand, as well as not requesting then demanding necessary information. Live and learn.

Answer 3

Something doesn't sound right or your story isn't complete. What is the title of the job you were hired for and what documentation did you sign when you accepted the job?

Yes, you deserve a break but how many hours did you work? If you were denied a break then that is illegal and while I agree that you can't use your cell phone during work hours...duh....you should have been able to use it on a break...IF you had one.
Hmmm....

Answer 4

Did they require you to do something for the "company" that was not part of a pre-employment screening? If they did and didn't tell you it was volunteer work-you deserve to be compensated
Were you free to leave, if not-that sounds like false imprisonment.
Lots of companies run ads and interview without a particular job in mind. They like to see what type of candidates they get and may or may not keep you in mind if a real opening comes up.

Answer 5

No, it isn't in most states. Employment false advertising, and non disclosure is indeed not legal. Candidates and employees must be aware of what they are interviewing for, the job MUST be legit, and some states even place penalties in regards to the expense of the time of interviewing as well as other legal penalties.

Also as I mentioned in a previous post.. slave labor isn't legal in America. One must be paid for work done.

Oh and there are even special rules and regulations for internships as well..

Answer 6

Of course it is legal. I gather, from your post, that you went to an intercompany interview, and you're irritated that you could not use your cell phone and didn't get paid for lunch. When you take time off of your REGULAR position to apply for another, you're on your OWN time. If the firm does not want you to use a cell phone on the premises that is their prerogative. When you apply for an intercompany job, you're not working, and don't deserve a paid lunch break.

Answer 7

This is incredibly slimy. I would have told them to shove it and pulled out my cell phone.

You might be able to make a case for kidnapping, or false imprisonment...it probably depends on the local laws in yoru area. I'd report these clowns to the local department of labor office (www.dol.gov) since they are also violating wage and hour laws by getting people to work for them for free.

What a scam....after 25+ years in HR I always think I've heard it all, and I'm always surprised......I'm so sorry you were put through this.

Answer 8

I know the no lunch break part is illegal... but it has to be within a certain time period. can't remember the amount of hours you need to have worked to get a break.. somewhere around 4 for 15 minutes, i think 7.5 for 30 minutes.

Answer 9

you should contact your local labor board. You could get compensated, and collect a fine that they charge to them.

If they sent you on a task, that is employment in most states. again, check with your local labor board.

Answer 10

Sound like slavery or holding people hostage, is slavery legal??
You shoud've left as soon as the job was different then what it said!