Legal Question in Business Law in North Carolina

I have worked for a company for 13 years and saw a position posted within that I was interested in. I applied and a short time later the nursing director responsible for hiring came to me saying she owed me an apology because I was more than qualified for the position, but someone else (a 5 year employee) had stepped in and started doing the job so she felt it would be a slap in the face not to give it to her. Do I have to swallow this bitter pill or is there anything I can do? I went to HR Director who agreed it was handled wrong, but did nothing.

Asked on 2/20/14, 3:12 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

Handled wrong vs. illegal are two different things. Unfortunately, unless you can show that the hiring was discriminatory, based on a protected class (race, age, gender, religion, disability, national origin), then the act was legal.

The initial thought is that age discrimination might have happened..but you stated that they gave the job to the other person because she/he essentially took the initiative and started doing the work and proved that she/he could do it.

I recommend you see an employment attorney if you still feel slighted but a lawsuit is an uphill battle with these facts.

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Answered on 2/21/14, 4:21 pm

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