4th Circuit: You don’t have to hire applicant who sued former employer for FLSA violations — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

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

You think you have found the perfect applicant. She has the ex­­peri­­ence and education you’re looking for. You make an offer contingent on the usual background check. Then you find out she has a lawsuit pending against her former employer for Fair Labor Standards Act (FLSA) claims. Can you revoke the offer?

According to the 4th Circuit Court of Appeals, which covers North Caro­­lina employers, you can.

Simply put, the court said 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.

Recent case: Natalie Dellinger applied for a job with Science Appli­­cations International Corp. (SAIC). She received a job offer contingent on passing a drug test and transferring her existing security clearance.

Dellinger had to fill out several forms in order to transfer the clearanc...(register to read more)

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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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