Can I sue a company for stringing me along for a job for 2 months and not hiring me in the end?

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Can I sue a company for stringing me along for a job for 2 months and not hiring me in the end?

I interviewed for a company last month. I was asked to take a test. I was then called in for a second interview this month. I was told in the interview that I’d have to take a drug test/background check and then would be called in for orientation. I was called in to take a drugtest and pre-employment paperwork. Same week of doing this, the job post was removed and another person was hired. I haven’t received an e-mail or call for why I was not hired. I don’t do drugs and have no criminal record or bad credit either. I e-mailed them asking and they do not respond.

Asked on October 24, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, unfortunately, you most likely do not have a cause of action. If an actual job offer was extended to you (e.g. you'd received an offer letter) you might have grounds to enforce the offer and/or receive compensation. But without an actual offer, the company never obligated itself to hire you; and the law does not impose an obligation to hire someone, no matter how many tests or background checks or interviews or orientations they have done. They also don't need to ever respond to you, or explain their decision, etc.

The only way, without some offer letter or employment agreement, that you might have a cause of action would be if you feel they discriminated against you on the basis of your race, religion, age over 40, sex, disability, etc. If you think this may have been the case, you should speak with an employment attorney.


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