Legal Question in Employment Law in New Mexico

Qualified or Not

I have applied for several positions at my employment. I was told that I interviewed well, but was not selected because I did not know enough about the ''product''. They never asked me about the product in the interview.

Another position applied for, I was told that I did not have the actual experience. Recently the company hired someone who has neither experience in that area nor any schooling in that area.

Not considered for new position posted, even though I am qualified. Position was given to other person under the cover so to speak.

I have the same experience as others but no one can give me reason(s) for not being selected other than ''You do no have the experience''. Neither does any of the other applicants. however, they are moved right on in the position.

In addition, I never have any contact with my supervisor. He only talks, advises and communicates with a select few.

I really want to grow in the company but apparently not given the chance. I have been humiliated and belittled by supervisors friends but when I make mention of it. I was told to suck it up.

Is there something that I can do to help myself and others that are being treated this way?

thanks

I pray you can assist me.


Asked on 1/23/07, 3:29 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Qualified or Not

State law may provide a different, better answer, so you need to consult with a lawyer in your state. With that being said, under federal law it is illegal for the employer to take the action on a discriminatory basis.

Unlawful discrimination is generally based on race, sex, age, religion, national origin, color or disability. If you are denied the position for one of these reasons, you have a claim for illegal treatment. Of course, sometimes the employer does not tell you the real reason for the termination, so you have to look for pretext. This means that you have to look past the stated reason to find the real reason that is motivating the employment actions.

This sort of analysis is something that a lawyer can help you with. To learn more about employment discrimination, you can visit my website, www.memphisemploymentlawyer.net and follow the link to illegal employment practices.

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Answered on 1/24/07, 9:37 am


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