Saturday, October 24, 2009

Are you a lawyer who knows what I can do?

An isurance agent came to me about a position and wanted to know if her boss could call me. I said yes. The main agent called and we set up an interview for a secretary position. She then turned around and called my husband asking that I bring in a personal bio to the interview. I was put through a two part interview process and given two test, one an IQ test. During the secound interview I was asked the following questions. "Is this your first marrige, Are your childrens father involved, Do you have a relationship with God?" Then she proceded to ask how I felt towards my husbands ex-wife. After she said she would let me know in two weeks. Two weeks later she said turns out there would be no position. She then turned around and told my husband that her and the girls in the office where worried about rumors in the community that I broke up his marrige. I need a lawayer that can handle this and know what to do with it in civil court. I have done what I an locally and no one will help me.
Answers:
1. Laws are different in every state. Where are you?
2. You've been suspiciously selective about the facts in this scenario, leaving readers with more questions than answers. For example, explain the approach of 'insurance agent,' who 'came to me...' What means 'came to me'? And how did agent get your husband's name if you didn't provide it for some reason - and why would you?
3. If you wish to pursue this matter, contact the (name of your state) Bar Association's Lawyer Referral and request a list of attys who practise employment law nearby.
4. Visit jobinterview.net here http://www.job-interview.net/guide/spste... for the heads-up on relevant Equal Employment legislation for information to help you prepare the facts of your 'job interview' for your mtg with atty:
" Step 4: Inappropriate Questions
State and Federal laws govern the interview process and inappropriate questions. These policies are usually available from the personnel or human resources department. Interviews should be based on "job-related" criteria and questions based on those criteria. If you've been asked an illegal question, talk to the personnel or human resources department or the Equal Employment Opportunity Commission.
Here are examples of inappropriate topics and questions:
Topic: Example
Age: What鈥檚 your age?
Age discrimination information from the Equal Employment Opportunity Commission - http://www.eeoc.gov/facts/age.html...
Childcare: Do you have after school care?
Conditions of work: Does your family approve of your travel?
Criminal Record: When was the last time you were arrested?
Ethnic origin of last name: Is your last name Japanese?
Gender: Are you female?
Language: Do you speak English at home?
Marital Status: Are you divorced?
Name/Title: Is that Ms. or Mrs.?
National origin: Are you Chinese or Japanese?
National origin discrimination information from the Equal Employment Opportunity Commission - http://www.eeoc.gov/facts/fs-nator.html...
Race: What race are you?
Racial discrimination information from the Equal Employment Opportunity Commission - http://www.eeoc.gov/facts/fs-race.html...
Relatives: Is your husband employed?
Religion: Are you Catholic?
Religious discrimination information from the Equal Employment Opportunity Commission - http://www.eeoc.gov/facts/fs-relig.html...
Residence: How can you handle the long commute?
Sexual preference: Are you gay?"
Good luck.
That's a tough one. I worked at a law office where we had a similar case. The problem will be that it will be difficult to prove that the reason they didn't hire you, is because of the rumor situation and your family status. Not very many lawyers will take a case like that on based on contingency. If you have the dough to retain an attorney, you might have better luck, however it could get costly. You will have to weigh the costs and benefits and see if it's worth fighting a hard battle or to just seek a different job and not answer such personal questions so in depth. Next time be vague and tell them you have a wonderful family and personal life and you prefer to keep it separate from your work life.
Call Legal Aid, sometimes called Legal Services
The party of the first part must return to the party of the second part the remunitive value of costs and expenditures, file briefs and adjudicated the precognitve affiliations of due process.
Contact the Fair Employment Practices Agency for your state (http://www.state.hi.us/hcrc/otherstates. ). Those interview questions and using them as a basis for hiring are not allowed.
Okay, my lawyerly line. You need to call your local bar association in order to find an attorney in your area and you shouldn't have much trouble getting one from outside your community if you desire. I don't think there is a cause of action against a private entity for hiring discrimination, unless they receive some type of federal funding, so their grounds for not hiring you while probably unfair are not actionable. If in fact, this person spoke with others in your community about issues pertaining to your employment or marriage then you could have claims of defamation, slander, invasion of privacy or publication in a false light, depending on your state law. It is best that you speak with a local attorney and you should not contact any interested party in the interim.

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