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

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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  --> http://www.dir.ca.gov/

2. Try www.attorneypages.com to locate a labor attorney and check his or her disciplinary record at www.calbar.ca.gov 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.

 


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