In most cases, you can sue your employer if you believe you were not treated fairly during the hiring process. Unfortunately, these claims can be difficult to prove. In this article, we take a look at some common legal claims related to hiring, as well as steps to take if you feel you have been unfairly treated during the hiring process.
Litigation Stemming from the Hiring
There are two possible scenarios that result in hiring lawsuits: Those in which the employer relied on sensitive or confidential information in making its decision, or those in which the employer misled (or outright lied) the applicant in the hiring process. It is even possible that a former employer is illegally hampering a prospective employee’s job search, which could lead to filing a lawsuit.
- A Discriminatory Hiring Process and Other Improper Hiring Practices
Employers are legally barred from using a variety of criteria when deciding whether or not to hire an applicant. A few of these cases are accepted in all 50 states, while others aren’t.
- Employers are barred from making hiring decisions based on legally protected traits such as race, sex, handicap, religion, and so on under federal, state, and even local legislation. A candidate may have a discrimination lawsuit if an employer refuses to hire them for one of these reasons.
- Many people have terrible credit records as a result of the current financial market conditions. Realizing this, an increasing number of states have implemented legislation forbidding employers from seeking or using credit reports in hiring decisions, at least for certain types of candidates and positions. You may have a legal claim if you were turned down for a job because an employer looked at your credit record incorrectly.
- Workers’ compensation claims. Most states prohibit employers from refusing to hire applicants because they have filed for workers’ compensation with previous employers. Although there are limited exceptions, you might have a legal claim against an employer that turns you down just because you have collected workers’ comp in the past.
- Criminal records. State laws restrict whether, and to what extent, employers can consider criminal history in deciding whether to hire an applicant. Some states don’t allow employers to consider arrest records, convictions that have been sealed or expunged, or convictions that don’t relate to the position. Some states allow criminal record checks only for certain jobs. A blanket rule of disqualifying any applicant with a criminal record might also be discriminatory, because of the racial disparity in arrests and convictions in the United States.
Fraudulent Claims or Other Claims based on Statements made by Employers
A worker may have a fraud charge if a company makes deliberate false claims to persuade a candidate to take a job, and the employee acts in trust on those assertions (for example, by leaving a stable job to take the new one). These claims frequently arise when a new job either does not materialize – leaving the candidate jobless and out of luck – or only seems to last for a short period of time.
A wrongful dismissal claim based on claims made during the recruiting process could also be filed by an employee. If an employer guaranteed a six-month probationary period during which the worker could not be fired, the employee could have a breach suit if the relationship ended sooner.
Legal Claims Against a Former Employer
A rejected candidate may have a legitimate claim against one of the former employers for blocking the applicant from acquiring new employment in specified contexts.
- Employers are barred from retaliating against employees or candidates who have invoked their rights under anti-discrimination statutes. Workers who are terminated, transferred, or otherwise penalized for complaining about discrimination or harassment virtually often file these claims. Nevertheless, if a candidate is not hired as a result of retaliatory measures by a former employer, the applicant may have a retaliation claim against that previous employer. A retaliation claim might be plausible if the former employer misled about why the worker was fired or went into considerable detail about the person’s inadequacies despite a policy of not providing references.
- Several states have laws prohibiting companies from taking specific tactics to discourage former employees from finding new employment. Many employers are prohibited from developing and disseminating a blacklist. Some are less explicit, prohibiting a former employer from taking a number of activities to keep former workers out of the labor. To break this rule, the former employer usually has to threaten you or make false assertions.
- You may have a defamation claim if a previous boss makes a false statement that harms your image and/or hinders you from securing a job. Nevertheless, if the former employer’s declaration is factual – no matter how false – and made in good faith, your lawsuit will be dismissed.
What to do Next?
Given all of these possible legal grounds, fewer hiring lawsuits are brought – and even fewer are successful. There are several explanations for this, but the main one is proof. It’s difficult to know and even more difficult to prove – why a company rejected a candidate. Applicants are frequently left with a strong reason to believe but no hard evidence, especially if they have no personal contacts within the organization.
As a consequence, candidates who believe they have been wrongfully denied a job have a particularly difficult path ahead of them and could benefit immensely from legal assistance. A lawyer can advise you on whether bringing a legal claim for failure to recruit is worthwhile. You’ll also be able to use the discovery process to acquire evidence to support your claims if you file an administrative charge or a lawsuit.
If you’re thinking about filing a case, you should contact a lawyer right once. Submitting an administrative complaint or a lawsuit has time constraints.
Provide any documents you have relevant to the hiring decision to help the employment lawyer analyze your possibilities. Bring any documents you have with you, such as an offer letter, a refusal letter, a photocopy of your application and cv, or any other documents. Also, keep track of any communications you had with the employer, such as your initial contact, your interview, or a call informing you that you are not hired.