Can I sue for not getting hired if my qualifications are better than other candidates that were hired?
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Can I sue for not getting hired if my qualifications are better than other candidates that were hired?
Double college major, 5 years+ work experience, flawless attendance, multiple of beyond glowing recommendations, slightly lacking on interviewing skills – not hired. Single college major, less than 1 yr work experience, recommendations and attendance unknown, I presume great interviewing skills – hired. Race was not a factor.
Asked on June 30, 2011 under Employment Labor Law, Minnesota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Absent some form of discrimination (which you indicate this not to be the case), or violation of company policy or an employment/union agreement, there has been no legal violation here. The fact is that most employment relationships are "at will" which means that an employee can choose to work or not for a certain employer. In turn, an employer can set the terms of employment as it deems necessary (e.g. it can hire or fire at will). Accordingly, while seemingly unfair, this employer's actions do not violate the law. An employer need not hire the best qualified candidate.
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