How do I sue a state agency?

[shawn1]

I applied for a job at a state community college in Tennessee. I was well-qualified for this position. Not only did I not get an interview, they offered the position to a person that didn't meet the base qualifications to apply.

I tried the State and Federal EEOC, labor, and even my state representative. He told me to go talk to the colleges' HR department. Thanks a lot, Ken Yager.

The EEOC lady told me, well, they wrote the qualifications, they can change them, can't they?

I feel this is actionable, but don't know what to do next. I can't afford an attorney.

Any other ideas besides see an attorney? thanks, Shawn

 

[CurrentlyUndone]

I applied for a job at a state community college in Tennessee. I was well-qualified for this position. Not only did I not get an interview, they offered the position to a person that didn't meet the base qualifications to apply.

I tried the State and Federal EEOC, labor, and even my state representative. He told me to go talk to the colleges' HR department. Thanks a lot, Ken Yager.

The EEOC lady told me, well, they wrote the qualifications, they can change them, can't they?

I feel this is actionable, but don't know what to do next. I can't afford an attorney.

Any other ideas besides see an attorney? thanks, Shawn

Why do you believe you have a cause of action? Nobody is legally obliged to interview you, let alone hire you.

 

[Beth3]

I agree. You haven't suggested that you have any evidence that you weren't interviewed/hired on the basis of something that would be actionable - your age (if over 40), race, gender, religion etc. Merely disagreeing with their hiring decision doesn't provide any basis for a lawsuit.

 

[cbg]

If all the various state and Federal agencies are refusing to take any action, what does that tell you? (HINT - if you had any kind of actionable case, the appropriate regulatory agency would have taken a complaint.)

Why do you think anyone is required to hire you?

 

[mlane58]

they offered the position to a person that didn't meet the base qualifications to apply.

HR at the college showed you the qualifications of the person selected? really, are you serious? It really amazes me when someone isn't interviewed or hired, they suddenly become clairvoyant.

 

[shawn1]

thanks

Thanks to all of you for replying so quickly.

Currentlyundone

Why do you believe you have a cause of action? Nobody is legally obliged to interview you, let alone hire you.

Not me so much as the most qualified applicant. I live in a small rural county that has a long history of hiring relatives and friends irrespective of their abilities, experience or educational background. I'm tired of it.

Beth3

I agree. You haven't suggested that you have any evidence that you weren't interviewed/hired on the basis of something that would be actionable -

To a point, you're right. I am a Christian, fat white balding man. The Government doesn't consider me protected. I think its' sad that I have to dig for a minority status to have my issue heard, rather than say that I have a great deal more provable background than the person selected. The law should address buddy buddy hiring, but it doesnt.

cbg

(HINT - if you had any kind of actionable case, the appropriate regulatory agency would have taken a complaint.)

This tells me you've had little to do with a governmental or regulatory agency. The state labor people told me they had no jurisdiction over other state agencies. The Federal labor people told me they had no jurisdiction over state agencies, but neither could point me to the appropriate agency. Do you know whom I should contact?

Why do you think anyone is required to hire you?

Well, because I am awesome, of course!

Again, I just want a level playing field. A fair competition. When you apply for a job that says right there on the job that you need not apply unless you have the appropriate certification, then the job is offered to a person without that certification, how would this make YOU feel?

mlane58

HR at the college showed you the qualifications of the person selected? really, are you serious? It really amazes me when someone isn't interviewed or hired, they suddenly become clairvoyant.

Nope. The person that knows this person intimately contacted me. I also knew who applied, as well, via some due diligence. Recall, this is a small county, a small job, and a small college. Its' not hard.

I'm not clarvoyant. I am good at investigating, and the field I am in is a small circle in this region. Plus, you can call the appropriate state agency and ask if a person has the applicable certification.

Nobody owes me anything. I know I am the best candidate, because I have a depth of experience and background few in this area can match. Not bragging, I know it sounds this way, its' just true.

But, I'm not an attorney. That's why I am here. I'll file my own paperwork, I just really don't know how to frame my argument. Can any of you help me with that? Or point me to something in the Tennessee State Law / Regulations that's some kind of doctrine that says that agencies have a mandate to hire the best applicants??

Thanks again,


Shawn

 

[pattytx]

The world is not fair. You haven't learned that by now?

The Depts. of Labor would not take a complaint because there is no law that says the most qualified person (even if you were that person) has to be the one hired.

 

[eerelations]

You cannot sue any entity (including but not limited to a state agency) unless you have evidence that one or more laws were broken by that entity. Given that it's not illegal for a state agency to hire unqualified candidates and/or relatives and friends, you cannot sue said state agency for these reasons, your personal feelings notwithstanding.

 

[cbg]

Evidently I was too subtle. I will rephrase.

There is no government agency that you can contact because what happened is not illegal.

You do not understand discrimination laws, apparently. ALL races are protected. BOTH genders are protected. ALL religions are protected. It's not because you are not protected that this is not illegal discrimination; it's not illegal discrimination because you were not turned down BECAUSE you were white, male, or Christian.

The law does NOT say that the most qualified applicant has to be hired. And just how, exactly, do you know the qualifications of the person selected? How do you know that you are more qualified than they? How do you know on what basis they made their decision?

 

[Just Blue]

Well, because I am awesome, of course!

Perhaps you failed to demonstrate this quality to them as you have here...

 

[pattytx]

Perhaps you failed to demonstrate this quality to them as you have here...

BWHAHAH!!!!!!

 

[shawn1]

well

I was kind of excited to log in today to see what help a new day brought.


Instead, I see nothing but snide comments and snarky behavior.

I had hopes there were people like me here, except with a greater knowledge of this area of the law.

Instead, its' the same group of naysayers I've seen throughout my entire life. Had I listened to any of your type, I'd never gotten as far as I have. But, I got exactly what I paid for, so I really can't be angry. I just think its' sad I found a group of people that can say that there's no reason to hire the best qualified person.

Truly, I hope you never find yourself in the position of standing up for yourself, or just taking whatever someone else decides you are worthy of having.

Thank you for your time,

Shawn

I will leave you with this, however; I have been certified in this field since 1996, and worked in this field since 1989. I've gotten nearly a dozen commendations, and a medal. I am internationally recognized in my field. I've written two books and nearly twenty paid articles in three countries on two continents of the planet regarding my field. I have a few thousand hours post-secondary training in my field. Having worked locally in my region in this field, I now work for a Federal agency in roughly the same capacity.

The person they picked has been out of High School a couple of years and is working as an unarmed guard at the college.

I just want to come home, and retire doing what I love at this college. But I can't even get an interview. I don't think I'll accept your current advice though. I AM going to do what I can to change things. If not for me, then for the next guy....

 

[Hot Topic]

They probably looked at your resume and figured they might be asking for trouble if they hired you. And they would have been right.

 

[cbg]

If you can find a law that says they're required to hire you, by all means post it. Until then, don't let the door hit you on the way out.

 

[>Charlotte<]

Instead, I see nothing but snide comments and snarky behavior.

Correction. You see snide comments, snarky behavior, and the correct answer to your question.

What the heck do you want? Do you want us to tell you that you were the best candidate for the job and they should have hired you? Fine. You were the best candidate for the job and they should have hired you. Happy?

If you wanted somebody to pat you on the head and say "there, there..." you should have said so. Instead, what you said was:

I feel this is actionable, but don't know what to do next. I can't afford an attorney.

It's not actionable. It's just not. What do you want us to do, run for office, introduce a bill, and pass a law that says they have to hire you?