Legal Question in Employment Law in New Jersey

I was being interviewed by the hiring manager and the incumbent. Halfway through, the manager looked at me and said, "You're over-qualified." I told him that I knew what the job requires and I have done those duties in previous jobs and would do a great job for them. A few days later, I got the rejection letter in the mail. Do I have legal or other recourse? I am 55 years old.


Asked on 2/21/11, 6:56 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

I have no idea if you have a claim, because I do not do this type of law. Maybe you have a claim because they discriminated due to your age (I am just a year or two behind you!).

However, I have a friend who is an attorney who does nothing but sue corporations who mistreat employees or potential employees. Why don't you contact me, and I will put you in touch with him.

Robert Davies, Attorney 201 820 3460

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Answered on 2/22/11, 8:29 am
Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. Well, I do have an idea as to whether you have a claim because I do practice in the area of employment law. As general rule, an employer is not required to hire an over-qualified person if, in the employer's judgment, over-qualification will be counter-productive. At the same time, as a general rule, an employer may not base hiring decisions on age. Please contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 2/22/11, 10:43 am


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