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By law, do potential employers have to tell an applicant why they did not get a position?

Employment 3 views 3 answers
I live in Los Angeles, I went through an interview process of four interviews for a restaurant position. I have five+ years experience, all my current certificates, open availability, and the location is in close proximity to where I live. After they called my former employers; one I have a re-hire status and the other I quit due to work related injury, I was given a last interview. At the end of the interview I was told that they couldn't offer a position and that they wished me the best of luck. When I inquired as to why I wasn't offered a job the manager said he can't tell me. Is this legal? I've gone on many interview and if a company decides not to go through with the hiring process they usually give a reason as to why. Is it legal for them to withhold information like that?

Attorney Answers

3
Michael Kirschbaum ·
If the prospective employer conducted a background check by obtaining an investigative consumer report from an investigative consumer reporting agency and denies your employment based on information contained in public records obtained by a consumer reporting agency, the employer is legally required to provide a copy of the public record to you. (This is covered under the Investigative Consumer Reporting Agencies Act, Cal. Civil Code, sections 1786-1786.56). This would be the only circumstance that comes close to a requirement that an employer must tell you why you were not hired.
0 upvotes
Neil Pedersen ·
Short of discovery obligations in a lawsuit, an employer is not required by law to tell you why they decided to not hire you. Further, an employer can legally decide not to hire you for any reason or no reason as long as it is not an unlawful reason. If you can prove that you were not hired because you had a prior work-related injury, that would be an unlawful reason. However, proving that will be very difficult. I wish you the best of luck. Pedersen Heck McQueen, APLC is an employee rights law firm assisting employees in all Southern California counties.
0 upvotes
Jonathan Delshad ·
There are no laws that I am aware of that require an employer to give you a reason as to why you weren't fired. IF you suspect that they are not hiring you for a protected reason and you have proof, you may want to talk to a lawyer.
0 upvotes

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