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4th Circuit: You don’t have to hire applicant who sued former employer for FLSA violations

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in Employment Law,Hiring,Human Resources

The 4th Circuit Court of Appeals has ruled that it’s not retaliation for a prospective employer to refuse to hire someone who sued another employer for wage-and-hour violations under the FLSA. Even so, tread carefully in this area, because the rules could change.

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{ 1 comment… read it below or add one }

OlderThanD1rt November 20, 2011 at 1:08 pm

Withdrawing a bona fide offer previously made, to an employee who has a pendant lawsuit going in another court, withdrawing the offer solely because of the pendant lawsuit, constitutes interference in that pemdamt lawsuit. Evidently Dellinger’s lawyers weren’t imaginative enought to think of this or press CCA4 on that issue, But it would be very difficult for a court NOT to make out that a pressure had been applied on the employee to drop her pendant suit. Sooner or later a plaintiff with a more gifted attorney will realize this opportunity in disguise.

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