Are closing dates for employment binding?

A government agency listed a position with a closing date for applications but hired an individual prior to that date. I applied before the closing date but after the other individual was hired. Do I have any recourse?

Asked on July 24, 2012 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would not have any recourse because you could not show, in any event, that you would have been hired had this other individual not been hired or had they not made their decision until after the closing date: e.g. maybe someone else would have gotten the job; maybe you lacked experience or qualifications, or an interviewing manager simply would not have liked you; etc. When you cannot show a direct link between some action and some alleged loss you suffered (called "proximate cause"), you cannot bring a legal action.


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