Can i sue my employer for not submitting my application to an open position?

UPDATED: Jun 21, 2009

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Can i sue my employer for not submitting my application to an open position?

I’m an assistant manager and there was an open posting for another location, I applied by the deadline only to find out my GM did not submit my application due to the fact that he didn’t want to let me go. Can i sue him/the company for misrepresentation? Or anything else?

Asked on June 21, 2009 under Employment Labor Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You may have to show that you would have been hired.  Contact the following below after you figure out what the difference in salary, expenses, benefits would have been if you had been hired:

1. California Dept of Industrial Relations -- this is the Dept of Labor  -->

2. Try to locate a labor attorney and check his or her disciplinary record at under attorney search. 

Keep in mind, in California, absent retaliation, being under contract, union agreement, discrimination reasons, and an employee handbook that says otherwise, employment is at will, which means you can be fired with or without cause.


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 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.

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