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Employment attorney


Question Posted Tuesday March 11 2014, 6:37 pm

I need to find a lawyer that can help me fight a discrimination case against someone who didn't hire me because they didn't like something about me, but it had nothing at all to do with the job I would have been doing.

Any advice?


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adviceman49 answered Wednesday March 12 2014, 10:08 am:
To sue someone for employment discrimination, the act of discrimination has to fall under; I believe it is Title IX, of the Equal Employment Opportunity Act. Such as Racial Discrimination, Sex, age or other Discriminations protected by this act.

You may be the best person qualified for the job. If an employer sees something in you they don't like or finds something in your background they don't care for; they are not obligated by any law to hire you. The following are a couple of examples of those things not protected.

1) During the interview process while it is found you are qualified. You come across to the interviewer as brash or head strong. The interviewer feels although you are the best qualified you would not be a good fit for the work environment. They offer the positions to someone less qualified but a better fit their team.

2) During the background check they find something that makes you a liability to them. It could be for example that you had filed in the past for bankruptcy. The job you are applying for is working on something proprietary to them that their competition would pay dearly to get information on. Nothing says you would succumb to any offer though they don't wish to take the chance. They offer the job to someone else.

Nothing says the examples I gave fit your situation, they are just examples. Fact is unless the reason you were not hired or for that matter fired is protected under the Equal Employment Act. In fact unless a position is under this act if an employee is not a contract employee they are considered an at will employee. As such they can be fired for any reason including as ridicules as it may sound, not liking the color of your eyes or the way you part your hair. I would thing the same would hold true for hiring and at will employee.

My advice is first make sure you have legal grounds to sue. If you want to talk to an attorney call your local bar association for a referral to a Lawyer who specializes in Employment law. You can find the Bar Association using a search Engine or directory assistance.

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