HELP.. Denied a job for not having a GC yet... Is this legal?

[CheeseMonstah 87]

Just now, kvito28 said:

Why does everyone assume that I am going to sue them? I filed a claim and I am not going beyond that. I certainly do not have resources necessary to go into a lawsuit with this giant company. As I said before, it it worked for that British girl in another post, it may work for me. If not, I will move on and forget about Morgan Stanley. Is this so hard to understand?

Was quoting someone else who gave the advice to sue them.

 

The difference is that person was offered the job and then the offer was rescinded. You were never offered the job. It'd be easy in your case for the company to say "yeah we made a mistake, sorry, in the meantime the position has been filled by someone with better qualifications". You'll have no way of proving they should've offered you the job instead of someone else.

[GEOntificator 282]

Just now, CheeseMonstah said:

Was quoting someone else who gave the advice to sue them.

 

The difference is that person was offered the job and then the offer was rescinded. You were never offered the job. It'd be easy in your case for the company to say "yeah we made a mistake, sorry, in the meantime the position has been filled by someone with better qualifications". You'll have no way of proving they should've offered you the job instead of someone else.

I have e-mail exchange record from the hiring manager which is a pretty good proof in my book. If they are gonna be full of it and say we found somebody else only after I addressed this issue with proper agencies, then it is their call. I do not think they can get away with that with DOJ. I am not gonna get involved in that whatsoever. 

[Orangesapples 1,954]

2 hours ago, Amadia said:

Some might say discrimination but I would say each company has different needs and future goals. If a person has interviewed for a position but does not get it based on a temporary situation that does not bode well for the hiring company, does that make the company look bad for not taking an HR risk?

 

I suggest that the OP try your luck at another company....don't put ALL your eggs in one basket  

It's not whether we say discrimination or not, it's that the law calls it discrimination and it's illegal. You might say that a company may decide that hiring a woman or a gay person or a Muslim doesn't allign with its goals and needs but it's still illegal discrimination. 

[pauli 49]

Geez, the lack of empathy and blatant disregard for the law from some posters in this thread is frankly a bit appalling.  If you care about the law, then read the post by Hypnos.

 

We all know how long it's taking to get a green card these days.  Imagine if you or your spouse or other family member went one year applying for jobs with a valid EAD and countinuously getting turned down because you don't have a green card yet.  You'd be pissed!  And this is her dream job!  And as far as I can tell, nothing the OP has stated implies that the job requires the person to be a US citizen.

[florida racer 73 200]

1 minute ago, Orangesapples said:

It's not whether we say discrimination or not, it's that the law calls it discrimination and it's illegal. You might say that a company may decide that hiring a woman or a gay person or a Muslim doesn't allign with its goals and needs but it's still illegal discrimination. 

Discrimination claims are very hard to prove, there are legimate claims and illegimate claims in the workforce, it is up to the moving party to prove thei claims

[Orangesapples 1,954]

2 minutes ago, pauli said:

Geez, the lack of empathy and blatant disregard for the law from some posters in this thread is frankly a bit appalling.  If you care about the law, then read the post by Hypnos.

 

We all know how long it's taking to get a green card these days.  Imagine if you or your spouse or other family member went one year applying for jobs with a valid EAD and countinuously getting turned down because you don't have a green card yet.  You'd be pissed!  And this is her dream job!  And as far as I can tell, nothing the OP has stated implies that the job requires the person to be a US citizen.

Exactly. I'm shocked how many people here are OK with a company breaking the law and discriminating illegally! And how many people are ready to give up their rights (this is a right) in order to not potentially piss off a company. I thought the American dream was about everyone getting an equal chance to succeed? Isn't illegal discrimination (that's what this is) completely contrary to that? 

[florida racer 73 200]

2 minutes ago, pauli said:

Geez, the lack of empathy and blatant disregard for the law from some posters in this thread is frankly a bit appalling.  If you care about the law, then read the post by Hypnos.

 

We all know how long it's taking to get a green card these days.  Imagine if you or your spouse or other family member went one year applying for jobs with a valid EAD and countinuously getting turned down because you don't have a green card yet.  You'd be pissed!  And this is her dream job!  And as far as I can tell, nothing the OP has stated implies that the job requires the person to be a US citizen.

I hate to say this but the same thing the op is experiencing happens every day of the year. Born US citizens go thru the same thing. Wanting your dream job and actually getting it are 2 very different things.

 

in a perfect world this will happen, but in todays reality, this is what occurs. 

 

I am not taking the side of the op or the company, I am just speaking with 30+ years experience in the workforce.

[GEOntificator 282]

6 minutes ago, florida racer 73 said:

Discrimination claims are very hard to prove, there are legimate claims and illegimate claims in the workforce, it is up to the moving party to prove thei claims

I do not think that people here are understanding where this is headed. When HR receives a call there are 2 ways that this can go...

 

1) They apologize to the DOJ first and then they lie and make up some reason to not hire me.

2) They apologize to the DOJ and try to rectify this situation.

 

If they choose option number 1, I am not going to bother fighting further as I do not have resources for that. However, I am pretty sure that they will get a some sort of official note from the DOJ about the issue which I am sure they do not want. 

Edited July 13, 2018 by kvito28

[gregcrs2 1,778]

1 minute ago, Orangesapples said:

Exactly. I'm shocked how many people here are OK with a company breaking the law and discriminating illegally! And how many people are ready to give up their rights (this is a right) in order to not potentially piss off a company. I thought the American dream was about everyone getting an equal chance to succeed? Isn't illegal discrimination (that's what this is) completely contrary to that? 

Politically correct term these days is probably "undocumented discrimination". 

[florida racer 73 200]

2 minutes ago, kvito28 said:

I do not think that people here are understanding where this is headed. When HR received a call there are 2 ways that this can go...

 

1) They apologize to the DOJ first and then they lie and make up some reason to not hire me.

2) They apologize to the DOJ and try to rectify this situation.

 

If they choose option number 1, I am not going to bother fighting further as I do not have resources for that. However, I am pretty sure that they will get a some sort of official note from the DOJ about the issue which I am sure they do not want. 

I wish you all the best, just please consider this, suppose they do get a call from doj that you complained, they hire you. How good of a working enviroment do you think that it will be?

[GEOntificator 282]

1 minute ago, florida racer 73 said:

I wish you all the best, just please consider this, suppose they do get a call from doj that you complained, they hire you. How good of a working enviroment do you think that it will be?

HR is in NY, I applied in NC. There is only 5 people in that office and the branch manager/hiring manager likes me. What do you think are the odds that I will have a decent work environment? I think pretty good.

[pauli 49]

1 minute ago, florida racer 73 said:

I hate to say this but the same thing the op is experiencing happens every day of the year. Born US citizens go thru the same thing. Wanting your dream job and actually getting it are 2 very different things.

 

in a perfect world this will happen, but in todays reality, this is what occurs. 

 

I am not taking the side of the op or the company, I am just speaking with 30+ years experience in the workforce.

I hear you and don't disagree, but the bottom line is the OP asked if this was legal and from my understanding the answer is no unless the job specifically requires the employee to be a US citizen.  Clearly, it's hard to prove that the company's decision was based solely off of her immigration status.  Nonetheless, my understanding is that unless the job specifically requires the employee to be a citizen, they can't even ask for your immigration status until after offering a job.  Then it's on you to provide sufficient documentation for the I9.

 

Now, what action the OP wants to take based on this info is up to her.

[gregcrs2 1,778]

6 minutes ago, florida racer 73 said:

I hate to say this but the same thing the op is experiencing happens every day of the year. Born US citizens go thru the same thing. Wanting your dream job and actually getting it are 2 very different things.

 

in a perfect world this will happen, but in todays reality, this is what occurs. 

 

I am not taking the side of the op or the company, I am just speaking with 30+ years experience in the workforce.

I agree with the above statement.  Having been a hiring manager for many years, I can also tell you that I did not have authority to hire.  I could recommend hiring but only HR could do that.  Seems to me you were never had an official offer of employment.  Anyway, good luck.  

[florida racer 73 200]

Just now, pauli said:

I hear you and don't disagree, but the bottom line is the OP asked if this was legal and from my understanding the answer is no unless the job specifically requires the employee to be a US citizen.  Clearly, it's hard to prove that the company's decision was based solely off of her immigration status.  Nonetheless, my understanding is that unless the job specifically requires the employee to be a citizen, they can't even ask for your immigration status until after offering a job.  Then it's on you to provide sufficient documentation for the I9.

 

Now, what action the OP wants to take based on this info is up to her.

I agree,  I was just simply try to point out that there could be ramafications that could have a longer and far reaching effect.

 

if the company had made a written offer and then refused because of not having a GC, well I could see a blatant case for her.

 

unfortunally, in the corporate emviroment, hr overides managers

[Randyandyuni 2,682]

5 minutes ago, kvito28 said:

HR is in NY, I applied in NC. There is only 5 people in that office and the branch manager/hiring manager likes me. What do you think are the odds that I will have a decent work environment? I think pretty good.

the situation is unfortunate, but the branch manager is an employee also, if they feel threatened by corporate HR their like of you might be fleeting