Legal Question in Business Law in United Kingdom

false or misleading representation of job vacancy and interview process

My question regards any action I can take to receive compensation for professional time wasted in attending an interview for an ''apparent'' position that I believe now was represented in a bad faith or false manner, and the interview process unethically executed.

The position was described as an endowed academic faculty chair with tenure. Their department head requested my application, I was headhunted. After submitting my resume I was informed that I was short listed as 1 of 2 final candidates.

On attending the interview I presented my work and later was interrogated by a search committee. After questioning I was told they would fill the post that day, to go to my hotel and await the decision.

That evening I was verbally informed that the post was revoked without explanation. I have requested but not received any formal letter stating their decision, and/or the conditions for the decision.

As an employee of MIT I was taking unpaid time from my job (3 work days). I believe I should be compensated at a reasonable professional consultant rate for this time and hardship. I base this claim on being misrepresented as to a position actually being available. Thank you for any help.


Asked on 1/05/05, 1:04 am

1 Answer from Attorneys
Barry Levine Law Office of Barry R. Levine

Re: false or misleading representation of job vacancy and interview process

I do not believe you have a claim that an attorney would consider handling. The amount of damages, as a practical matter and given the costs of filing suit, is not significant enough to pursue through normal litigation. Unfroutnately, taking three unpaid days off in pursuit of this job was your decision, not theirs. Moreover, I do not believe there is any particular code of conduct regarding potential employer job search etiquette. It would also be very difficult to prove that the position or possibility of a position was bogus. Your best bet, in my opinion, would be to file a complaint in small claim court for your lost pay and at the hearing, try to convince the judge that the there never was a position and that you detrimentally relied on their representations which resulted in damages. Small claims courts are more of a "people's court" where judges sometimes ignore the law and actually attempt to do justice.

Read more
Answered on 1/05/05, 7:34 am


Related Questions & Answers

More Business Law questions and answers in United Kingdom