Legal Question in Employment Law in Utah

Fair Hiring Practices

Job announcement said in order to apply you had to have a particular certification. 4 applied, 3 had certification one did not. The one that did not have the certification got the job. He did get the certification before he was placed in the job but the job announcement said you had to have the certification (implying before you could apply). The 3 that did not get the job are grieving it. They are being told they have to prove they we more qualified than who they hired. My argument is that they were more qualified because they had the certification by the job announcement close date and the one they hired did not so he not only should not have been interviewed but should not have been offered the job. Do the three grieving it have any ''leg'' to stand on?


Asked on 5/15/08, 3:06 pm

1 Answer from Attorneys
Mel Larew

Re: Fair Hiring Practices

A job announcement is something like a wish list, meaning that it's not like a contract that can be enforced to the letter and spirit by potential hirees. However, it sounds like you are unionized. If so, look to your union's agreement with your employer. It's not likely but there may be something in it that speaks to your issue. Other than that remote possibility I don't see any "leg" to stand on.

Read more
Answered on 5/15/08, 3:12 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Utah