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Is it right for previous manager to demand current manager not to hire me?

Discussion in 'Discrimination & Sexual Harassment' started by thelawemployeeuc, Jan 21, 2019.

  1. thelawemployeeuc

    thelawemployeeuc Law Topic Starter New Member

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    Previous manager came to current manager's office a few weeks after I was hired to tell him I should not have been hired. Previous manager insisted that current manager let me go/fire me. Previous manager came again the next day to express the same. It is emotionally distressing to see him around; they, and I, are all part of UCLA Health.


    Started here as per diem 25%/10hrs but I worked full-time hours 30-40 a week, was told I would become full-time in a matter of weeks. That did not happen, finally a full-time position opened up.


    I applied, interviewed, was rejected on the basis of "Unfortunately, we are moving forward to hire more qualified and experienced candidates for the AAIII roles." Had to train the new employee that was hired, who has less time at UCLA Health, less experience, and we both have Bachelor's degrees (the position itself requires a HS Diploma). On speaking with director about said position, she kept referring to me as "so young/five year plan"- woman she hired is actually much younger than me. I have no benefits and since I started two people have been hired, with benefits. I am hispanic/latina/bilingual in Spanish- so I don't know I can claim discrimination since new employees are neither Hispanic or Bilingual. Often I am asked to cover visitor inquiries since no one else speaks Spanish and we work in Los Angeles where it is needed.

    Previous manager came to current manager's office a few weeks after I was hired to tell him I should not have been hired. Previous manager insisted that current manager let me go/fire me. Previous manager came again the next day to express the same. It is emotionally distressing to see him around; they, and I, are all part of UCLA Health.


    Started here as per diem 25%/10hrs but I worked full-time hours 30-40 a week, was told I would become full-time in a matter of weeks. That did not happen, finally a full-time position opened up.


    I applied, interviewed, was rejected on the basis of "Unfortunately, we are moving forward to hire more qualified and experienced candidates for the AAIII roles." Had to train the new employee that was hired, who has less time at UCLA Health, less experience, and we both have Bachelor's degrees (the position itself requires a HS Diploma). On speaking with director about said position, she kept referring to me as "so young/five year plan"- woman she hired is actually much younger than me. I have no benefits and since I started two people have been hired, with benefits. I am hispanic/latina/bilingual in Spanish- so I don't know I can claim discrimination since new employees are neither Hispanic or Bilingual. Often I am asked to cover visitor inquiries since no one else speaks Spanish and we work in Los Angeles where it is needed.
     
  2. army judge

    army judge Super Moderator

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    Nothing illegal about expressing an opinion or asking someone to do something that isn't illegal.

    If you are suffering from emotional issues, I suggest you seek the services of a medical practitioner.

    Nothing illegal about not hiring you.

    I suggest you seek new employment where your employer appreciates and rewards your abilities, talents, and educational achievements.

    I see nothing unlawful in any of the actions you allege were committed at your former place of employment.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    The previous manager may make his/her views known; there is nothing illegal about that. Might be inappropriate or stupid for the manager to interfere like that, but lots of managers do inappropriate or stupid things. The law doesn't make it illegal to be stupid.

    If the real reason you were passed over for promotion was your race or national origin then the employer illegally discriminated against you under both federal and California law. The problem is that the fact that the new hires or promoted employees are not Hispanic does not itself tell you if the employer made the choice based on race/national origin or for some other reason. If the employer has a pattern of promoting persons of other races over equally or better qualified Hispanic candidates then it starts to look like illegal discrimination is at work. If there is no such pattern, then you'd need the proverbial "smoking gun" to make the case: i.e. some specific evidence, like a document or statement from those making the decisions that they preferred hiring persons other than Hispanics for those jobs or that you specifically were rejected because of your race. You may consult an attorney who litigates employment illegal discrimination cases to see if there is anything to pursue here. Many will give free initial consultations. But just from what you've said here, there is no obvious illegal discrimination.
     

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