Can someone not hire you because they don’t like you?

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Can someone not hire you because they don’t like you?

I worked for the school district as a secretary for 12.5 years; they recently laid me off. My contract shows a 39 month rehire and there is another secretarial position open. Can the district deny my rehire because the Superintendent doesn’t like me? He has told someone that he would not hire me back even if I made it through the hiring process. Is that legal? Doesn’t the district have to place me in the new position?

Asked on March 23, 2011 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Hummm.  If this were a private employer then I would have to say that they could hire you or not hire you based upon any number of reasons, as long as the reason was not in any way discriminatory (like because you were a certain age or a certain race). But I think that the school district is not considered to be a private employer but a public employer and they are subject to far more scrutiny than private employers and far more laws. Are you part of a union?  If you are I would speak with your union rep as to the matter.  I would also speak with an employment attorney to see how to proceed.  Possibly go through the hiring process and see what happens in the end.  You really can not sue based upon supposition or hearsay.  You need to be actually denied employment.  Good luck.


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