When applicants apply for a job, they expect to get it without a hustle, especially when they have followed all application details. What they don’t have in mind is that the employer has to limit applicants when hiring.
Though the above is common, you may file a legal claim if your employer decided not to hire you. Unfortunately, most of the applicants who don’t get a chance choose to rest at that point. They think they were less qualified compared to other applicants for the positions.
However, it pays to be concerned about whether the employment decision was based on legal grounds or otherwise. This article highlights why and how to file a claim if your prospective employer never followed the law during the hiring criterion.
Why You May Be Denied A Job Illegally
Most employers violate employment rules during the hiring process. If you believe the basis of your job rejection was unfair, you may need to hire a wrongful termination lawyer in Orange County.
Such employers get on the legal hook because they discriminate against job applicants based on protected characteristics such as national origin, race, age, and color among others. To make a prospect employer liable for damages, applicants base their claim on two things:
- The employer gave misleading information to the applicant.
- The employer relied on false information when making hiring decisions.
You may have grounds to file a claim if you prove that your employer relied on the above to deny you employment. Fortunately, the California hiring process is regulated by federal and state laws. Thus, any employer violating such laws is deemed to be against the law and can pay for damages suffered by job applicants.
One may require legal representation; the reason is that the law may not apply to every employee. For instance, in case of discrimination during the hiring process, the law may only apply to an employer with 15 or more employees. There are other reasons why you may file a claim against your employer:
- Making employment decisions based on criminal conviction records: If your employer failed to hire you because you have a criminal conviction, they must provide a reason why. But if such an act is not related to the nature of the job you had applied for, this may be illegal.
- Use of fraud: If an employer convinces an applicant to leave their job to get a more paying position that doesn’t last, this may be considered a fraud claim.
- Your credit history: Any employer must have written consent before checking an applicant’s credit history. The reason is that some employers are fond of denying applicants jobs based on their credit history.
There are many instances where an applicant may hold an employer liable. If you applied for a job and weren’t hired and believe the employer did so illegally, you may give a claim against your employer. As such, you may wonder how to file a claim against such an employer. There are many legal options available to get damages for any loss you have incurred. Depending on your situation, you can file a:
- Discrimination claim: Job applicants are protected against discrimination based on age, race, disability, etc. A common form of discrimination is one based on age. Employers tend to exclude applicants who are 40 years old or more.
- Retaliation claim: Retaliation is the most common form of discrimination among employers during the hiring process; an employer has no obligation to retaliate against job applicants. For instance, a disabled employee may request a reasonable accommodation after employment or need such accommodation for their religious practices. However, if the employer denies the applicant the position based on the request, this may be against the law.
- Defamation claim: This is if the employer made a false statement that made you fail to get the job.
Filing Your Lawsuit
An employment lawyer can help you learn how to start a workplace claim against your employer. A stipulate earlier, your claim will depend on the size of your employer and whether such acts are illegal in your state.
Whether the hiring process is legal will depend on the facts of each case, the reason is that an employer has the right to impose any requirement they deem fit for the hiring process, as long as it will not amount to discrimination.
To file a claim, you will need to prove that your employer had an intention to act illegally. In addition, your lawyer can help you prove that you were treated differently than the other applicants because of their protected characteristics.
Also, you may need to prove that someone with who you shared the same experience and qualification was hired in your place.
Filing a claim against your prospective employer is not easy. You need to understand how to go about your case by making the right decision. Certainly, such decisions require the help of an experienced employment lawyer to guide you on how and what to recover.
Join Our WhatsApp Group
Nazim Khan (Author) 📞 +91 9536250020
[MBA in Finance]
Nazim Khan is an expert in Microsoft Excel. He teaches people how to use it better. He has been doing this for more than ten years. He is running this website (TechGuruPlus.com) and a YouTube channel called "Business Excel" since 2016. He shares useful tips from his own experiences to help others improve their Excel skills and careers.
