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A staffing firm said the presented me for a role, but didn't. The job was posted publicly & could have applied without them!

Chicago, IL |

I first found out through the staffing firm via a public LinkedIn posting. I'm one of the firm's long time candidates who they've met in person b4 so they only needed a phone screen (Thu). They said they were presenting me (Mon) with others, then 12 days later, said another candidate was in the final stages (2nd interview) & they'd keep me posted. I had already applied on the company's site hours before hearing this. The company contacted me 1 day later for a phone interview. I had highly suspected I was not presented, as I have 20+ yrs exp in lieu of degree, which was ok. If they would have said we won't be presenting you, I could have applied myself as it was public on the company website! Are their tactics preventing me from being gainfully employed? Do I have a case against them? Thx

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Attorney answers 1


Unless you were discriminated against by virtue of your membership in a federally protected class of persons, (sex, gender, religion, etc.) a potential employer can hire or promote any potential employee that it chooses to hire or promote. Based upon the facts presented, it does not appear that you have any basis for a lawsuit against the staffing firm.

Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.



I didn't say it was discrimination and if it was, I have no proof of that. Isn't it more like Deceptive Practices? Saying I'll be presented, then pretending I was. I apply to the employer directly and get a positive response = they want to speak to me about the position. The staffing firm was deceptive in that I would not apply on my own if I was going through them and being presented by them. They lied and then continued to lie by pretending again 12 days later that I was presented. That is really shady and they are preventing me from getting hired by an employer that IS interested in me. So that was my question, is that not something I can pursue legally? Thanks again

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