Can I not be hired because of my boss’s issues with my mom?

I have been working at a swimming pool for about 2 years under contract. This year about 4 other life guards and myself would have to be recertified. My boss for the first year had no issue with me. The second year my mom became the manager as my first boss

would not do it without a raise. This year, my mom is not being hired because of the fact that my old boss is friends with the mayor. Are they legally allowed to not hire the lifeguards back because they were friends/related to the old manager? I don’t feel like that’s right as we are the most qualified and experienced people applying.

Asked on March 14, 2017 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Actually, this is legal. The fact is that an employer can set the conditions of the workplace much as it sees fit. This includes who to hire and why unless it constitutes some form of legally actionable discrimination (i.e. is based on the worker's race, religion, disability, gender, national origin, age (over 40), etc.). Therefore unless your treatment violates the terms of a union agrement or employment contract, no law had been broken.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Actually, this is legal. The fact is that an employer can set the conditions of the workplace much as it sees fit. This includes who to hire and why unless it constitutes some form of legally actionable discrimination (i.e. is based on the worker's race, religion, disability, gender, national origin, age (over 40), etc.). Therefore unless your treatment violates the terms of a union agrement or employment contract, no law had been broken.


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