Didnt get a job due to not being a citizen. It was never asked on application

[Harpa Timsah 13,258]

Make them fly you out there to interview next time

[JohnR! 5,495]

Yes you can sue but chances are your lawyer's fees will exceed the amount you're owed. You could sue in the lower courts but that would require your presence in court, meaning more trips and time off work etc... You lose either way.

Having said that, consider writing the office of the Governor of Wyoming and see if they would agree to refund any part of your expenses. I think it is a long shot but you have nothing to lose but the stamp.

Last weekend I traveled from New Jersey to Cheyenne, Wyoming for a job test and interview for a dispatch job with the Wyoming Highway Patrol. I submitted my application over 2 months ago and passed the review process to go onto the testing/interview stage. I was successful in the test and interview only to be told the day after I got home that although they wanted me for the next stage of application process, I was no longer being considered because I'm not a US Citizen. On the initial application form, it only asked me if I was legally allowed to work, I am as I have a Green Card. My citizenship was never asked. I took 3 days off work and spent $1800 on flights/hotel/car rental/food for a job I was never going to get due to the application form being incorrect. The dispatch manager even admitted that the form only asked if I was legally allowed to work. Obviously I'm mad that I wasted my time and a good chunk of money. Can they do this? Is this citizenship discrimination or should I just deal with it and move on. I really wanted that job!!!

Department of Justice website states:

"1) Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee by employers with four or more employees.

Employers may not treat individuals differently because they are, or are not, U.S. citizens

or work authorized individuals. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination. Exceptions: permanent residents who do not apply for naturalization within six months of eligibility are not protected from citizenship status discrimination. Citizenship status discrimination which is otherwise required to comply with law, regulation, executive order, or government contract is permissible by law."

[AmyWrites 593]

If the job ad specified anywhere that you had to be a US citizen to get the job, won't OP get in trouble for applying for the job when naturalization time comes around ("claiming to be a citizen issues")?

[Boiler 45,949]

Never did and no.

[JohnR! 5,495]

If the job ad specified anywhere that you had to be a US citizen to get the job, won't OP get in trouble for applying for the job when naturalization time comes around ("claiming to be a citizen issues")?

That would only hold true if a statement was made explicitly to that effect. If it was an oversight or as the OP indicated, it was not clearly disclosed, there is no presumption of foul play.

[Avery Cates 1,141]

But they admitted the form was incorrect!

That's just the way the cookie crumbles.

[Avery Cates 1,141]

They're at fault. If it had said i needed to be a citizen, i wouldn't have applied.

Anyone who seriously applies for a job that's not McDonald's researches the company/organization that they're looking to work for. 3 1/2 seconds on Google would have told you that you need to be a US Citizen to be eligible, as is the case with almost any government job.

Where this wasn't something that was a secret or some sort of nefarious bait and switch, it's hard to put fault on them for your lack of even the most borderline basic due diligence.

If the job ad specified anywhere that you had to be a US citizen to get the job, won't OP get in trouble for applying for the job when naturalization time comes around ("claiming to be a citizen issues")?

I would say no.

[Rob L 3,811]

How could you sure a Government agency and what would you sue for?

It was no discriminatory according to Fed regs and with the number of applicants to jobs, most are unsuccessful.

I am not sure what he would sue for, or event if that is the most profitable approach. .but state and local agencies are not immune from employment lawsuits. It is the Federal government that you need get "permission" before suing. Additionally most states have processes outside the courts that would answer any question about governemnt hiring practices.

[jkelly07 120]

I would not sue it will cost you a lot.you need to go to the small claims court and file in that county your paying air fare and time then you fly back home and wait for a court date then when that day comes you fly back there again and it's postpond for some reason knowing that your from outer state. breaking your chops, so I would just make it a learning lesson for me...my option good luck what ever you decide

[Jon York 156]

I would get a copy of all your receipts, write a respectful letter kindly requesting that they reimburse you for the expenses. Reiterate that nothing they gave you stated that you had to be a citizen to apply for this job. The application didn't mention it, in fact it did just the opposite, it indicated you only had to be legally authorized to work in this country. So you flew out at your own expense, relying on the information that they had given you which indicated you only had to be legal to work in this country. And I would just ask them to reimburse you for it. And also mention the time you had to take off from work.

Maybe they will, maybe they won't. I think it's the kind of thing where if you state your case clearly and ask respectfully, you might have a chance that they may reimburse you for some portion of it if not all of it. They really should as they were clearly in the wrong. If citizenship is a requirement the application should have asked "Are you a US Citizen?" But it didn't. And you were misled by that omission into believing you met all the basic requirements for the job.

If they won't reimburse you there's really not much you can do about it. You could sue them but as others have pointed out - it's way more trouble and expense than it's worth.

Edited July 1, 2014 by Jon York

[Married4Life13 38]

The application shouldn't ask if you are a U.S. citizen but the job description could have added the clause "must be a U.S. citizen to apply". I work in a PD and you must be a citizen to use the databases (NCIC, CJLEADS etc). It is unfortunate that you lost so much time and money but like someone else had mentioned you really should do a lot more research before going to an interview. I think suing them would also be a waste of time and money.

[Gosia & Tito 199]

Based on what I read and from everyone else's posts, I don't think you have sufficient grounds to sue. However you can write a letter to them stating you went through all this ordeal for the job and write the amount (with evidence) you spent to get to the interview. You *could* ask for a refund but that's a shot in the dark. If nothing else, you could write a polite complaint.

And you could deduct the expense from taxes next year (but you would have to itemize)

[aaron2020 11,651]

And you could deduct the expense from taxes next year (but you would have to itemize)

She can not deduct the expense from her taxes. She can not deduct her job seeking expenses when she is seeking to enter a new occupation.

If she was already working as a dispatcher,then she could possibly deduct them.

It doesn't make sense, but that is how the IRS treats deducting job seeking expenses.

http://www.irs.gov/uac/Job-Search-Expenses-Can-be-Tax-Deductible

[Ortolan 381]

No point in suing; you'd be wasting your money. The suggestion to write and include receipts is good.

That's what I'd do: make it very professional, point out that the person you talked to agreed that the form should be more clear. They might give you at least a partial reimbursement for expenses. Invest another bit in a stamp and send a real letter in the mail, but first do a bit more research to find out the best person/department to contact.