Jump to content
Cindy36

Potential Retaliation for Nepotism-Can I sue?

Recommended Posts

I am recruiter for a public accounting firm and was working on a position to fill. Long story short, the managing director over the whole firm is furious because his nephew was sent a standard declination email that is sent to all applicants who are not moved to the next step. Before I sent the notice, the hiring manager that's seeking this position was sent a copy of the resume and my interview notes and also did not select this applicant. Neither one us had any knowledge it was the CEOs nephew and have an email showing the CEO knew his nephew had applied but didnt tell anyone who he was because he wanted his nephew treated fairly but now mad because his own CFO didn't select his nephew over a phone interview? I'm very upset and feel I have a right to sue for discrimination as there are similar situations like this, if he wanted his relative why not just bring him in the office...I am African American and from day one had a very difficult time with management because I recruit for the entire firm and conduct normal recruiting methods based on a person's qualifications and skills and need NOT on someome's family member or friend/referral that is not qualified. Many people are refused by hiring managers at this firm because of their age or race or because the narrow minded manager doesn't want to hire someone they don't know. If I get terminated I will sue as I have no performance or attendance issues, no write ups and even got a raise within my first six months, but if this stupid idiot decides to terminate me because his relative was treated like all other applicants what can I do?

Share this post


Link to post
Share on other sites

I am definitely job hunting but how in the world can anyone justify any kind of employment action because their relative wasn't hired and treated like all other applicants? Why should I be subjected to anything or have to take a lower paying unemployment check because someone else is arrogant? That's what wrong with this country today people think because they have money or title they can do whatever they want and don't have any consequences, I'm sick of it and will take legal action IF I am terminated. Indiana is an at-will state but the employer has to prove some just cause. I use to process unemployment claims for a hospital and know damn well there is no JUST cause!!!! And yes race has a lot to do with this especially when I know for sure these narrow minded managers won't hire because of race and gender, its a good Ole boy system to keep minorties, women or other protected class out, i can count on ONE hand how many minorties were hired all of last year. For a moment I thought maybe just maybe this company was a forward thinking place but with all the ridiculous stuff I've been through they are not and just as racist and closed minded as the pathetic racism of Jim Crow and before

Edited by Findlaw_FN

Share this post


Link to post
Share on other sites

FIrst, nepotism is not illegal in the private sector.

 

Second, firing you because you did not hire the CEO's nephew is legal. I'm not saying I agree with it or even that I think it's likely to happen, but it is legal.

 

Third, an employer does NOT have to prove just cause to fire an employee. They can pull a name out of a hat and fire the employee whose name they draw or throw darts at a list of employee names pinned to the wall and fire the employee whose name is stuck to the dart, and either would be totally legal. If the employer cannot prove a valid misconduct reason for the firing the employee will be able to collect unemployment, but that is a very different thing from the employee having legal recourse for the firing itself.

 

If indeed you are terminated, the only legal recourse you will have (other than unemployment) will be if you have valid and supportable reason to believe that you were fired solely because you are African American - that if you were some other race you would not have been fired for the same offense.

 

None of this means I believe the CEO is acting rationally or fairly, so don't shoot the messenger. But the law does not support your position.

Share this post


Link to post
Share on other sites

 If I get terminated I will sue as I have no performance or attendance issues, no write ups and even got a raise within my first six months, but if this stupid idiot decides to terminate me because his relative was treated like all other applicants what can I do?

 

In order to sue and actually win something you have to have a valid claim. When the employer is not a government agency, then the employer may legally fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because:

  • of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
  • you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
  • you participate in union organizing activities;
  • you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
  • you filed a bankruptcy petition;
  • your pay was garnished by a single creditor; and
  • you took time off work to attend jury duty (in most states).

The exact list of prohibited reasons will vary by state. Firing you because you refuse to hire friends and relatives of management is not among the prohibited reasons listed above and if you are fired for that reason you would not have a valid claim to pursue against your employer. Nepotism is not illegal for private employers. They are free to hire friends and relatives if they want even if the friends/relatives are not the best qualified people. It may not be smart business, but the law doesn’t require businesses to be smart.

 

Now, if the employer fired you simply because of your race (and you can prove it) that would give you a valid cause to sue the employer. You'd have to show that it was your race that got you fired, not something else. If the employer would fire anyone who made the same hiring decisions regardless of race then you don’t have a race discrimination claim.

Share this post


Link to post
Share on other sites

What state is applicable here?

 

Are you an employee of the company or are you a recruiter whose firm was employed by this company?

 

What many people fail to realize that is in most states, a person's employment is "at will" and that employer can fire anyone at any time for virtually no reason.

 

I think you are being a bit premature by anticipating your firing when there is no actual evidence to support that fact.  Maybe he will cool down in a few days and realize that the decision was perhaps correct.

 

If the situation goes as far as to an unemployment hearing, when your side of the facts are explained, the board is generally fair enough to observe that you have been treated unfairly.

 

Does the employee handbook for this firm not mention anything about their policy on nepotism?

 

If you have a good track record of providing excellent hires for this firm, you should be proud of what you have already accomplished--you seem to be skilled enough to be able to confidently take your skills to a different company if necessary where your abilities will be taken more seriously.

Share this post


Link to post
Share on other sites

Nepotism is not a factor here--in fact it is a lack of nepotism.  Look up the definition for nepotism--it would have been nepotism if in fact the person had been hired because of the familial relationship.  I sympathize with the difficulty you face because it is honestly very unjust and unfair and creates unnecessary hardship.  Is there no one in human resources or another management level you could vent your frustrations to?  If you have to leave this company it is better to do so sooner than later so you can explore better options elsewhere rather than stay at a company where you know your opportunities and chances for advancement will be blocked or taken away for no reason.

Share this post


Link to post
Share on other sites

 

 

When you are the CEO, you can dictate who gets hired and insist friends and family be treated differently than strangers. Until then, your job is to hire as the CEO prefers, so long as not illegal and this is not illegal. If someone else feels they were passed over because of their race alone, that person may have a claim for discrimination but you do not. You substituting your judgment for theirs is not legally protected, nor is any refusal to hire the nephew.

Share this post


Link to post
Share on other sites

I am African American and from day one had a very difficult time with management because I recruit for the entire firm and conduct normal recruiting methods based on a person's qualifications and skills and need NOT on someome's family member or friend/referral that is not qualified. Many people are refused by hiring managers at this firm because of their age or race or because the narrow minded manager doesn't want to hire someone they don't know. If I get terminated I will sue as I have no performance or attendance issues, no write ups and even got a raise within my first six months, but if this stupid idiot decides to terminate me because his relative was treated like all other applicants what can I do?

 

I have no way of knowing if your firm actually does outright discriminate in impermissible ways or if the hiring managers/management simply does not recognize inherent institutional or personal biases that influence most individual's decision making processes. I do believe based on your posts that as a recruiter you appear to have a lot to learn about the employment laws and organizational psychology that apply to hiring practices. You are certainly free to leave your employer and seek other opportunities, but do not be surprised when you encounter similar patterns in other organizations. You might want to focus some of your energy on gaining a better understanding of how the law and organizations work so you can become an advocate for change and improvement within a system.   

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...