Legal Question in Employment Law in Florida

Disqualified before the hiring interview

I work as a F/T consultant for a hospital department (past 7 months). the department (the medical director, technical director, executive director) is very happy with me, so they posted the position for the required interviewing process, in order to make it an employee position. The best person would be chosen, very likely me (their words), also because it costs months of training to get up to speed.

The company HR, instructed the dept management a priori to go ahead with the interviews, but not to hire my person, regardless of the outcome of the interviewing process. Is this legal?

Thanks very much


Asked on 6/23/05, 10:00 pm

1 Answer from Attorneys
Kelly Henderson

Re: Disqualified before the hiring interview

I assume we are discussing a private hospital. I do not think the activity you talk about is, in itself, illegal. It happens everyday. That said, it would be illegal if the purpose in hiring you was to avoid hiring someone protected by employment discrimination laws. It is unfair to other applicants. It is short sighted in that they may actually find a better applicant that you. It is bad for employee morale because they will now see the interview process as a sham. I don't see it as illegal, but I don't like it at all. Lastly, if we are talking about a public hospital, there may be legal concerns.

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Answered on 6/24/05, 2:58 am


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