Suing (Dept. Store)

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CinnamonGirl

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I attended a group interview at (Dept. Store) earlier this month. After the interview the other applicants and I were invited back for a second interview. The interviewer told us that we would be contacted by a department hiring manager and if they didn't contact us then she gave us her number to call. I never received a call from the hiring manager. I tried calling the interviewer to let her know this but every day someone at the office would tell me that she wasn't in. I called (Dept. Store's) corporate office and told them what was going on. I received a call from the HR manager letting me know that my name wasn't in the computer and that they never invite people back for second interviews after a group interview, which is what the interviewer did. That same day I received an email from (dept. store) stating that I was not hired, even though I never received a second interview. The interviewer clearly lied and misled me. I filed a lawsuit against (dept. store) charging fraud. Do you think I will win? I'm seeking$30,000 for their negligence.
 
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I attended a group interview at (Dept. Store) earlier this month. After the interview the other applicants and I were invited back for a second interview. The interviewer told us that we would be contacted by a department hiring manager and if they didn't contact us then she gave us her number to call. I never received a call from the hiring manager. I tried calling the interviewer to let her know this but every day someone at the office would tell me that she wasn't in. I called (Dept. Store's) corporate office and told them what was going on. I received a call from the HR manager letting me know that my name wasn't in the computer and that they never invite people back for second interviews after a group interview, which is what the interviewer did. That same day I received an email from (Dept. Store) stating that I was not hired, even though I never received a second interview. The interviewer clearly lied and misled me. I filed a lawsuit against (Dept. Store) charging fraud. Do you think I will win? I'm seeking$30,000 for their negligence.
 
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Doubtful. They generally don't have to call you for/give you a 2nd interview no matter what was said. However; since you have already filed a lawsuit, you will just have to wait & see if you win.
 
Duplicate thread - answered elsewhere.
 
As you describe it, this claim of fraud will go nowhere and will only cost you money.
They had no obligation to call you or hire you, and you certainly couldn't justify 30k in damages as a result.
 
I attended a group interview at (Dept. Store) earlier this month. After the interview the other applicants and I were invited back for a second interview. The interviewer told us that we would be contacted by a department hiring manager and if they didn't contact us then she gave us her number to call. I never received a call from the hiring manager. I tried calling the interviewer to let her know this but every day someone at the office would tell me that she wasn't in. I called (Dept. Store's) corporate office and told them what was going on. I received a call from the HR manager letting me know that my name wasn't in the computer and that they never invite people back for second interviews after a group interview, which is what the interviewer did. That same day I received an email from (dept. store) stating that I was not hired, even though I never received a second interview. The interviewer clearly lied and misled me. I filed a lawsuit against (dept. store) charging fraud. Do you think I will win? I'm seeking$30,000 for their negligence.

No, you won't win the lawsuit.
If you're smart, withdraw the lawsuit.
When you lose, lose you will, the department store will make a motion for YOU to pay their legal fees.
Guess what?
Go on, roll them lawsuit bones, Mr. Biggles, the lawsuit lottery begins.
Never mind, you'll find out soon enough! LOL


http://www.idonotwanttobeyourlawyer.com/what-happens-if-i-lose-my-lawsuit/

http://www.avvo.com/legal-answers/when-does-the-losing-party-have-to-pay-for-the-win-877796.html
 
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Good luck winning - you are going to need it.
 
They had no legal duty to invite you back. No, I don't think you'll win. In fact, I'll be astonished if you do. This was not fraud and you did not lose $30,000 due to their not asking you back. Even if they did, that was not a guarantee of employment.

Please note: If you come back here and tell us you won the case, unless you post a link to the court record showing it, I will not hesitate one moment to call you a liar.
 
Believe it or not, I've seen people win crazy lawsuits. Don't be so quick to dismiss my case.


We're not dismissing anything.

But the judge will.

(Do you seriously think you can take on the legal team behind the employer? Really? They'd bury you in legal fees before you could blink)
 
It's best you just forget it but it's your decision. You need to focus on looking for other employment if you haven't already got a job.
 
Right, OP will be scaring employers off. No employer wants a sue happy employee.
 
Believe it or not, I've seen people win crazy lawsuits. Don't be so quick to dismiss my case.

I can't dismiss a lawsuit before its filed. LOL

The REAL judge won't dismiss it before you file, either.
That's one of a thousand ways the state (any state) makes money.
So, I'm sure Governor Brown would appreciate the money you'll spend to file your lawsuit.

Seriously, if you plan to make a claim for $30,000 in damages, you'll have to file in Superior Court, if memory serves me correctly.
A $30,000 lawsuit exceeds small claims in your state, which I believe is only $10,000.

Orange County has some insightful things to say about lawsuits, small and large. Here, take a look:

http://www.occourts.org/self-help/smallclaims/thingstoconsiderbeforefiling.html


I wish you luck
 
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I'm curious where the figure of $30,000 came from.

If that's supposed to be lost wages, you'd better be prepared to show conclusive evidence that, had you had the second interview, you would WITHOUT QUESTION have been offered the job.

If that's supposed to be expenses you incurred, you'd better have the plane tickets and hotel bills backing it up.

If it's supposed to be anything else, what?

This is, of course, after you showed the court where they had an enforceable duty to second interview you.
 
OP said seeking $30,000 for their negligence - good luck on that. I have no idea how OP came up with $30,000 & would like to know also.
 
I wonder ... is she trying to do this herself? Or, has she managed to find an attorney to take her $20,000+ in order to begin the process?
 
Interesting point, Carl. Yes, Betty, I know she said "negligence" (though I doubt if she has any clue what that means legally) but, as you are, I'm wondering whether there's a specific reason for that figure or if she pulled it out of the air.
 
cbg, I know you knew OP said negligence - I was just saying good luck with that though & was wondering, like you, how OP came up with that amount.
 
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