wev567
join:2006-02-25
Pittsburgh, PA
| reply to birdfeedr
Re: Misled by company, interviewed for non-existent job
said by birdfeedr  :Sometimes the position does exist, but the person who they want to fill it has a connection (political or personal). So the company goes through the motions to make it appear legit. Sometimes a position is already filled (in house or thru connections), but is still advertised and candidates are interviewed to fulfill EEOC requirements. Common in companies with gov't contracts or licenses. |
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quatrix
Premium
join:2005-02-11
Davie, FL
| reply to fatness
said by fatness :To your more general question about society: What is it with the idea that it's OK (if you're a business) to cause harm, and not OK (if you're an individual) to seek redress? In most cases it's not against the law to "cause harm". I can think of a million examples that are perfectly legal. I'm not automatically entitled to money just because someone hurts me in a nonphysical way. The civil "law" system is a joke. |
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mocycler
Premium
join:2001-01-22
Naperville, IL
 ·AT&T U-Verse
 ·AT&T Midwest
2 edits | reply to dean corso
You might have a valid case, but the burden would be on you to prove the position "never existed" and they purposely set out to defraud you. Changing their mind about filling the position, giving it to an internal candidate, the boss's nephew, or other demonstrations of lame ass management do not count.
Even then, the only damages you would be entitled to are costs directly associated with your attending the interview: travel, parking, etc. If it was an out of town interview you could include, airfare, hotels and meals.
In some cases, in addition to fraud, you also have the burden of proving that they somehow benefited from interviewing you. For example: The company receives government grants based on how many people they bring through the door and you were a hapless rube used to pump up their numbers. In this case, you might be entitled to punitive damages and they could face criminal charges.
So to answer your basic question, you have no practical recourse. It's unethical and it sucks, but think of it as a good practice for your interviewing skills and move on.
Good luck on the next interview!
mocycler
As a matter of fact, I do have a law (JD) degree. |
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pnjunction
Teksavvy Premium
Premium
join:2008-01-24
Toronto, ON
·TekSavvy Solutions..
3 edits | reply to dean corso
Well let's see...
Would you like the company to have legal recourse against you if you interviewed without any intention of taking a job there?
There's your answer. In many cases the company gets the worse end of screwing around like this because they pay for airfares, hotels, etc.
I had my heart set on a job here in TO, but I could have gone to interviews for a bunch of jobs in California anyways (electronics and I have connections for at least a couple). My conscience combined with the effort/stress of the interviews is all that kept me from rustling up a bunch of free trips.
People/companies aren't liable for wasted time, unless of course you have some arrangement to be compensated for your time beforehand. Interviews are generally 'free' and don't come with any obligations for either party. |
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pog
Premium
join:2004-06-03
Kihei, HI
·Hawaiian Telcom
| reply to dean corso
How did you "discover" the job never existed in the first place? What was told to you exactly? How do you know there was "no intention to hire"?
Sometimes, contracts fall through at the last moment and new positions fail to materialize. Other times, budgets change and shit happens.
IOW, why assume the worst?
--
My Site |
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capecoddah
join:2005-03-18
Yarmouth Port, MA
| reply to dean corso
Human Resources at it's finest. They looked busy and kept their jobs. My summer job has an HR dept. that comes to talk about my future with the company, goals and visions!!!
I work for them 6 months a year. Every year. HR lady wants to look busy and justify her job and the education benefits she receives. Dinner and drinks on her expense account was all that happened. |
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pog
Premium
join:2004-06-03
Kihei, HI
·Hawaiian Telcom
| said by capecoddah :Dinner and drinks on her expense account was all that happened. Is that all that happened? Nudge, nudge, wink, wink
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My Site |
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jonepop
join:2009-11-02 | reply to fatness
ya its a not a joking but this company has to the best company to i seen it.... |
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dvd536
as Mr. Pink as they come
Premium
join:2001-04-27
Phoenix, AZ
| reply to peterboro1
said by peterboro1 :said by dean corso :I now discovered never existed in the first place. Then don't worry about legal recourse the market will weed out companies that waste resources doing this. ID thieves are posing as companies to get private info[SSN, DOB, name, address]
then they go shopping if you got good credit!
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When I gez aju zavateh na nalechoo more new yonooz tonigh molinigh - Ken Lee |
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cableties
Premium
join:2005-01-27
·Verizon FIOS
| reply to dean corso
Don't be so quick to litigation.
It is possible they were just following guidelines (EEOC).
or...
They might be looking to replace someone that doesn't know it yet, and can not post this position without alarming the individual. It happens.
Keep looking. Chalk this up to experience. Move on to find something else.
(BTW, you didn't provide us with anything more...)
Good replies here... 
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Splat |
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fruhead
join:2002-01-29
Montclair, NJ
| reply to jonepop
said by jonepop :ya its a not a joking but this company has to the best company to i seen it.... Now, who can argue with that?
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Hollow
join:2009-06-12 | reply to dean corso
It's not what you know> It's what you can prove in court. It will only cost you time and money if you pursue this losing battle. Move on. |
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VR Laura
Queen Of Cyberspace
Premium
join:2002-02-10
NYC
| reply to dean corso
Ever hear of a "courtesy interview"? Were you referred by someone (friend, colleague, etc.) to the company? Sometimes a company will interview people they have no intention of hiring RIGHT NOW, because an associate highly recommended them.
OTOH, sometimes a person with excellent credentials and experience will apply for a job that they're overqualified for, or they don't have exactly what the company is looking for at the moment. The company likes what they see on paper and wants to meet the person for possiblle consideration for a future position.
The company gets to meet you, and perhaps when they DO have an opening that fits your experience, they'll call you back in and hire you.
I've been on many courtesy interviews after sending out cold letters. The company told me flat out that they didn't have an opening, but my resume was impressive and they wanted to meet me for possible future consideration.
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»www.queenofcyberspace.com/usenet |
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dunworkin
Premium
join:2006-12-18
Bellflower, CA | reply to dean corso
The company probably couldn't find any acceptable candidates so hiring was put on the back burner for now. |
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russotto
join:2000-10-05
Collegeville, PA
| reply to dean corso
Companies advertise and interview for these non-jobs all the time. Not really much you can do about it. Personally I wish you could successfully sue them over it, as they're a big waste of time for candidates, and they seriously dilute the effort one puts forth searching for a job.
The non-jobs exist for any number of reasons. Sometimes they start interviewing for a position before it's funded. Sometimes it's to justify a visa candidate, or for EEOC reasons. Sometimes it's because the right hand of the company doesn't know the left hand has already filled the position. |
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pnjunction
Teksavvy Premium
Premium
join:2008-01-24
Toronto, ON
·TekSavvy Solutions..
1 edit | said by russotto :Companies advertise and interview for these non-jobs all the time. Not really much you can do about it. Personally I wish you could successfully sue them over it, as they're a big waste of time for candidates, and they seriously dilute the effort one puts forth searching for a job. Like I said before, candidates also do the reverse and interview for jobs with no intention of taking them. It goes both ways, this wastes their time looking for someone to fill the position.
We all just have to deal. Interviews don't come with obligations or guarantees. |
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peterboro1
join:2006-11-03
Peterborough, ON
| reply to dvd536
said by dvd536 : ID thieves are posing as companies to get private info[SSN, DOB, name, address] then they go shopping if you got good credit! Good point but they don't do multiple interviews as the OP states. |
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amigo_boy
join:2005-07-22
Tempe, AZ
 ·Cox HSI
 ·magicjack.com
| reply to Phil
said by Phil :Why would anyone waste their time or your time for a non-existent position? Often they do it to build evidence for their H1B/L1B hirings, bringing in offshore contractors and employees who will work for far less.
These folks also work with greater diligence because they effectively can't leave and work for another employer until they adjust their immigration status to permanent resident. This adjustment of status can't be done without their employer sponsoring them. They are, in every sense of the word, indentured servants. Working for whatever pay the employer will give, any hours the employer wants, hoping to make it through the "green card" process (at the employer's discretion).
Employers regularly interview domestic candidates they have no intention of hiring (for jobs that don't exist) just to build a file of examples of individuals who [subjectively] didn't meet requirements, justifying the employer's motivation to hire offshore talent.
Mark |
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amigo_boy
join:2005-07-22
Tempe, AZ
·Cox HSI
·magicjack.com
| reply to quatrix
said by quatrix :said by fatness :To your more general question about society: What is it with the idea that it's OK (if you're a business) to cause harm, and not OK (if you're an individual) to seek redress? In most cases it's not against the law to "cause harm". Harm (damages) is what civil court is all about. In the case of interviewing for a non-existent job, I think there could be a case made that the individual's time was wasted through what was known by the employer to be a fraud.
It would depend on whether the employer indicated the job was open now, rather than some nebulous future staffing needs; and whether this implied some kind of commitment to the interviewee (that he wouldn't have interviewed if he knew the true nature of the solicitation).
I think there's a strong logical case for that. But, I think most judges would dismiss it because people go on interviews all the time with the expectation they'll get nothing in return. I think it would be hard to get a judge past that point, and to the point that the employer intentionally (fraudulently) wasted the interviewee's time.
Mark |
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ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
clubs: | reply to dean corso
2 pages, nothing else from the OP.
Do you have the ability to sue? No. |
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