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What are my rights? Question re: Texas hiring practices Texas

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  • What are my rights? Question re: Texas hiring practices Texas

    Hi everyone,

    Here is a quick overview of my situation and I would love to hear your experiences/opinions about what my rights are with this issue...

    Earlier this year I left Department A (State) via an inter-agency transfer to work for Department B. I left Department A on good terms and as a re-hireable status. Department A now has a job posted (would be a promotion in pay grade) that I am very interested in. I applied and meet the initial selection criteria (and more) - it is a public posting and not limited to internal applicants. The posting closing date is not until next week but today my application was marked as "not selected" without having had an interview.

    My question is: how can I be determined as "not selected" if the posting hasn't even closed yet? How could they prove that I did not qualify for at least a first interview, when many others have the opportunity to apply over the next week?

    It feels discriminatory, but not sure what I can do about it... even as a matter of principle, I feel I'm owed an explaination - or am I wrong to feel this way?

    Thanks in advance for your input!

  • #2
    Unless you are covered under a CBA/union that gives you priority, you don't have any rehire rights over or compared to an outside individual. It is possible that there is some type of agreement that you can't "transfer" twice within a certain amount of time between State Departments. Or they might have a requirement that you have to have been gone for a certain amount of time to come back to a promoted position. Or they may just not feel like you are qualified for the promoted position. Or they have promised not to steal any more employees from Department B. They may view the "turn around" as not favorable...if you left once, you might leave again.....Lots of reasons that have nothing to do with any illegal discriminatory issues.

    Any of those is using their discriminatory powers but not all discrimination is illegal. It would be hard to claim any illegal discrimination based on gender/race/age, etc, because they hired you in the first place and it sounds like you were the one who requested the original transfer. There's nothing that requires them to consider you for a re-hire/transfer back.

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    • #3
      Even though the period doesn't close until next week; they could have received several more qualified applicants in the time period thus far.

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      • #4
        Agreed, I am not seeing anything illegal here. I will say that the employer is not too bright. I would have notified all the candidates around the same time and avoided this issue.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Sometimes, when I meet a candidate that I know - for whatever qualifiable and legal reasons - is not the one I will notify him/her as soon as I know this, just so I won't leave him/her hanging, and so that he/she can move on with his/her job search. Sometimes this is the polite way of doing things.

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