Legal Question in Employment Law in Pennsylvania

I live in Maryland and applied for a job in Pennsylvania and have never seen the following response. I am 55 year old male unemployed for 2.5 years and was wondering if I have any recourse. This correspondence was received via email.

"Robert,

I spoke with Andrew and we both would like to thank you for the opportunity to meet with

you and discuss your qualifications with our team and for your patience during this

recruiting effort.

Andrew was impressed with your background and experience, however he has also concluded

that you are overqualified for the Controller's position. We sincerely regret that we

cannot offer you employment with Voith Turbo Inc. at this time.

You have our best wishes for success in locating the career opportunity you strive

towards. We will retain your resume in our files to review for future openings for up to

six months. In the event of an appropriate available position, we will not hesitate to

contact you.

We appreciate your interest and the time you have invested in interviewing with Voith

Turbo Inc."

Lisa

Best Regards/Mit freundlichen Gr��en,

Lisa K. Fry

Human Resource Contractor

----------------------------------------------------------------

>VOITH

Voith Turbo, Inc.

Human Resources

25 Winship Road

York, PA 17406-8419

Thank You

Robert Carmer


Asked on 8/04/11, 2:40 pm

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

It is not "illegal" for a company to reject you because you are overqualified. This is more common in a bad economy when workers seek any employment they can qualify for because they want a job, any job. The employer, however, has a significant interest in finding an employee who will be satisfied with the position and stay long term. Usually, "overqualified" means, "We think you will leave as soon as something better comes along." That issue is better dealt with by strategizing how to address it in the application/interview process. It does not violate any law.

Also, be aware that internet searches for information about job applicants are becoming an increasingly common part of the vetting process. Companies are also becoming more vigilent about online "reputation management." A reputation management search might be broad enough to pick up this post on a public forum. Given that the prospective employer was impressed with you and keeping your resume on file, you may want to think about making such inquiries more discreetly.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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Answered on 8/04/11, 3:27 pm


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