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. Then you find out she has a lawsuit pending against her former employer for Fair Labor Standards Act ( ) 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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