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Can I sue my former employer

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Joejamingo

Junior Member
New York
was in a training program for a city transportation employer and did not pass a questionable written exam by one point, my first out of 80 total, I received the highest grades out of my training class of 15 students and and was terminated. I was never late, never called out sick and was never disciplined for any issue. My training officer pleaded with his Manager to allow me to remain in the program due to the way the exam was given and my track record. I then filed an appeal, which I was allowed to do by company policy and federal railroad law, and also contacted the vice president and the NY Governor. I received an answer to my appeal by the head of HR which denied my claims. Reading in between the lines one can easily tell that the author of the letter was not too pleased with my efforts to reinstate my employment with the company. I then was called for the same position under the same employer umbrella but for a different sub company. I passed the required initial exam and did extremely well on my interview . I satisfied the experience needed because I did the exact same thing with the previous company and was told that an answer would be made once the second group of test takers were graded the following week. I received a phone call the following day that they were moving forward with more 'qualified' candidates. 1 week before their claim that they were going to start calling candidates to move forward to the next step of the hiring process. I believe they contacted my former employer and were told something that hurt any chance of me getting hired. Although I do not have the proof, besides what I have mentioned which is not in full detail is there something I can do to bring legal action to this company. If I satisfy all of the requirements for the position because of my background experience, pass the entrance exam, had a clean record with my previous employer until I filed the appeal and ruffled a few feathers, is that enough proof to file a lawsuit or trigger an investigation to get hired? I must mention this is the second time since my termination that I have been called by this employer to take an entrance exam for another position, passed successfully then was immediately called and notified that they would move on with more qualified individuals. Do I have a case?
 


quincy

Senior Member
New York
was in a training program for a city transportation employer and did not pass a questionable written exam by one point, my first out of 80 total, I received the highest grades out of my training class of 15 students and and was terminated. I was never late, never called out sick and was never disciplined for any issue. My training officer pleaded with his Manager to allow me to remain in the program due to the way the exam was given and my track record. I then filed an appeal, which I was allowed to do by company policy and federal railroad law, and also contacted the vice president and the NY Governor. I received an answer to my appeal by the head of HR which denied my claims. Reading in between the lines one can easily tell that the author of the letter was not too pleased with my efforts to reinstate my employment with the company. I then was called for the same position under the same employer umbrella but for a different sub company. I passed the required initial exam and did extremely well on my interview . I satisfied the experience needed because I did the exact same thing with the previous company and was told that an answer would be made once the second group of test takers were graded the following week. I received a phone call the following day that they were moving forward with more 'qualified' candidates. 1 week before their claim that they were going to start calling candidates to move forward to the next step of the hiring process. I believe they contacted my former employer and were told something that hurt any chance of me getting hired. Although I do not have the proof, besides what I have mentioned which is not in full detail is there something I can do to bring legal action to this company. If I satisfy all of the requirements for the position because of my background experience, pass the entrance exam, had a clean record with my previous employer until I filed the appeal and ruffled a few feathers, is that enough proof to file a lawsuit or trigger an investigation to get hired? I must mention this is the second time since my termination that I have been called by this employer to take an entrance exam for another position, passed successfully then was immediately called and notified that they would move on with more qualified individuals. Do I have a case?

Why do you suppose you are being denied employment?
 

OHRoadwarrior

Senior Member
Unless you can prove a Federal discrimination took place, they are under no obligation to hire you. They may dislike your personality and once they linked attempt one to attempt two, they automatically declined you again.
 

eerelations

Senior Member
Thanks for your response

No need to be sarcastic, cbg posted a legitimate question. Unfortunately, the information you've provided does not show that any laws have been broken by your former employer in refusing to re-hire you. And you cannot sue your former employer unless your former employer has broken a law. Since we cannot see that your former employer has broken any laws, we're asking you to clarify.
 

Joejamingo

Junior Member
Unless you can prove a Federal discrimination took place, they are under no obligation to hire you. They may dislike your personality and once they linked attempt one to attempt two, they automatically declined you again.
I see..i just figured since it was a union job and since the union got involved and ordered that exam no longer administered to trainees because of me that I had a case for retaliation. I guess it is What it is
 

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