Have a general question about employment law? Want to share a story? I welcome all comments and questions. I can't give legal advice here about specific situations but will be glad to discuss general issues and try to point you in the right direction. If you need legal advice, contact an employment lawyer in your state. Remember, anything you post here will be seen publicly, and I will comment publicly on it. It will not be confidential. Govern yourself accordingly. If you want to communicate with me confidentially as Donna Ballman, Florida lawyer rather than as Donna Ballman, blogger, my firm's website is here.

Friday, October 18, 2013

HR Says They Lost My Resume But I Think It's Age Discrimination

This was a question on my post I Reported Harassment and Now HR Wants to Meet With Me. What Do I Do?
I need some help here. I have worked for a company for 10 years. A position opened up and I applied for it. Soon after, the director said they are looking into it and a few days later a guy i trained who is younger than I am got hired. After that another position became available. I applied for it and was told they are looking into it and almost every day the director came to me and said they are looking into it. Also, HR says they never got my resume. Now mind you, this is the second time he told me HR never got my resume. I never received an email or call for this position. They kept saying.HR dropped the ball on this. I was told twice to apply to the position and.both times HR messed up. There are also 2 other guys in the same race class Ii am that got fired or moved for complaining and one of the guys filed a discrimination case against the director. Now they hired someone for the position I applied for that has no experience and I have to.train him. Is.there something I can do? 
 Roy P.
Roy, it sure sounds like you either have the most incompetent HR department around or someone is deliberately jerking you around.  I'd bet on the latter. If you are more qualified than the person who got the job, and the person hired is younger than you, then you may well have an age discrimination claim. I'd definitely suggest talking to an employment lawyer in your state about it.

Now, let's talk about some practical things you can do the next time you see a promotion you want to apply for. I'd suggest taking some steps to make sure your resume gets where it belongs:
  • Send your resume directly to HR: Don't hand it to your boss, who is probably chucking it in the garbage or sending it to HR via turtle. Instead, find out who is in charge of HR and email, fax or hand deliver it to them. 
  • Get proof: Make sure you send it in a way that provides proof they got it. If you fax, keep a copy of the transmission receipt. If you email, send it so you get a read receipt and a delivery receipt. If you hand-deliver it, write down the name of the person you handed it to, along with the date and time.
  • Send a copy to the boss: If the director is someone who is supposed to be doing the screening, then make sure he gets a copy, again with proof of delivery.
  • Follow up in writing: If you haven't heard anything in a week or so, follow up with a brief email asking them to confirm they received it.
  • Update your resume: It's possible your resume is outdated or doesn't reflect all your skills and training. Make sure it accurately reflects your qualifications.
If you think your boss is the one who is tossing your resume, then you might want to report him to HR in writing. Call it a "Formal Complaint of Age Discrimination" and tell them why you think you are the most qualified, how your boss claimed HR lost the resume and you couldn't be considered, and ask them to investigate.

It does sound like the company has a history of retaliation. If they retaliate against you, it might be time to contact an employment lawyer or EEOC.

1 comment:

  1. Thanks for these thoughts that you've given. All of them totally makes sense. Promoting one's self and being confident is what professional resume writing Edmonton really emphasized. It's a very useful and important skill that one should develop. This is an edge to getting on top.


I appreciate your comments and general questions but this isn't the place to ask confidential legal questions. If you need an employee-side employment lawyer, try http://exchange.nela.org/findalawyer to locate one in your state.