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?

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

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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