Are closing dates for employment binding?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption