Employment application disputes can arise in connection with the hiring selection process. In an application, the employer can learn a great deal about the candidate. In fact, many employers make their decisions based on an employment application (with the interview process being more of a secondary aspect).
What Are Some Common Employment Application Disputes?
Some common employment application disputes may include:
- Discrimination: It is against the law for employers to discriminate against employees or potential employees with regards to certain characteristics, such as age, race, sex, national origin, religion, political affiliation, and other categories.
- Illegal questions: On a related note, it is illegal for employers to use illegal questions on an application or during an interview (for instance, questions that violate the candidate’s privacy).
- Illegal work status: Hiring an illegal immigrant can lead to serious consequences for the employer. Also, an employee may be held liable if they fail to disclose their current immigration status on an application.
Lastly, employment application campaigns that are deceitful, fraudulent, unfair, or against the law may also be subject to illegal hiring laws.
What If I Have an Employment Application Dispute? How do I File a Claim?
In most cases, you’d be required to file a complaint with a federal or state employment agency. This can be one of various agencies depending on your claim. Application disputes involving discrimination are usually processed by a department called the Equal Employment Opportunity Commission (EEOC), or by the state equivalent in your area. Other claims may require a filing with a different department.
You are usually required to “exhaust your remedies” before you can file a private lawsuit against an employer for such claims. This means that you have to file with a government agency, await the results of an investigation, and check what remedy they propose. If the remedy is not sufficient, you may file a lawsuit. In some cases it may be possible to file a lawsuit directly, but you will need a waiver for this option.
Remedies for employment application disputes can involve monetary damages for losses (lost earnings, etc.). Also, other remedies can apply, such as a removal of the hiring staff and replacement with other personnel.
Do I Need a Lawyer if I Have an Employment Application Dispute?
Disputes over employment applications can often involve complex legal issues and procedures. It is to your benefit to hire a employment lawyer if you need help resolve any type of employment law issue. Your attorney can inform you of your rights in the situation, and can represent you during formal legal proceedings.