Is it legal for a company to schedule an interview but cancel the night before based off of an interview the person had done almost a year ago?

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Is it legal for a company to schedule an interview but cancel the night before based off of an interview the person had done almost a year ago?

Recently a person applied to work at the company I work for, he had interviewed for a position 8 months ago but didn’t get the job, he was even given a few tips for his next interview if he were to apply again. We recently had the same position only seasonal open up and he reapplied. HR got back to him and scheduled the interview, unfortunately the day before the interview HR emailed him again saying they had spoken to the department and the department said he had interviewed before so there was no need to interview again and that they were going to pursue other candidates. Clearly they aren’t giving him a fair shot because he had spent the past year improving and building his skill set so he could interview again and they’re just basing this decision on an interview that is truly irrelevant at this point. Is there any form of legal action that can be taken or considered against the company for this?

Asked on October 24, 2016 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless this treatment was based on some form of legally actionable discrimination or violates the terms of a union agreement, etc., it was perfectly permissable. The fact is that most employment relationships are "at will".This means that an employer can set the conditions of the workplace much as it sees fit. This includes who to hire, when and why.


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