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  1. #1
    IDEAL Guest

    Not hired because of where I live?!

    What is the name of your state?MAWhat is the name of your state?

    My living situation changed last year and my 25 mile commute to work became 170 miles, which I did for a year before I started looking for a new job last May. I had a job interview that went AWESOME and I was very qualified for the position. Unfortunately, the VP was not impressed with the commute that I would have (80 miles) and he said no. The hiring manager I interviewed with wrote the VP emails advocating my hire and it was consistently declined because of 'commute reasons'.

    I have an email from the hiring manager that states my qualifications are IDEAL for the open position, but my commute was bad.

    The position is STILL open, and does not say anywhere that local applicant ONLY need apply. I expressed to them my comfort at the commute, but to no avail.

    What do you all think of this?

    Thank you!!!
  2. #2
    okamsrazor Guest
    I must have missed the part in your post where you said that the ad stated they HAD to hire YOU. Did the ad mention you by name and address too?
    They can chose not to hire anyone they want as long as it is not based on an prohibited reason. Go look up the EEOC classes and see if a person with a long comute" is covered.
  3. #3
    HomeGuru is offline Senior Member
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    Quote Originally Posted by IDEAL
    What is the name of your state?MAWhat is the name of your state?

    My living situation changed last year and my 25 mile commute to work became 170 miles, which I did for a year before I started looking for a new job last May. I had a job interview that went AWESOME and I was very qualified for the position. Unfortunately, the VP was not impressed with the commute that I would have (80 miles) and he said no. The hiring manager I interviewed with wrote the VP emails advocating my hire and it was consistently declined because of 'commute reasons'.

    I have an email from the hiring manager that states my qualifications are IDEAL for the open position, but my commute was bad.

    The position is STILL open, and does not say anywhere that local applicant ONLY need apply. I expressed to them my comfort at the commute, but to no avail.

    What do you all think of this?

    Thank you!!!
    **A: I think you should have told them that you were moving closer to the employer town within the next 90 days.
  4. #4
    cbg
    cbg is offline Senior Member
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    I think that nothing illegal transpired, regardless of whether the decision makes sense to you.

    I had a 120 mile a day commute for two years, so I know it can be done. But even so, I would hesitate to hire someone with that kind of a commute. Nor does the law forbid an employer from excluding someone from consideration based on commuting reasons. They are not required to say that they will only accept local candidates.
  5. #5
    IDEAL Guest
    Quote Originally Posted by okamsrazor
    I must have missed the part in your post where you said that the ad stated they HAD to hire YOU. Did the ad mention you by name and address too?
    They can chose not to hire anyone they want as long as it is not based on an prohibited reason. Go look up the EEOC classes and see if a person with a long comute" is covered.
    Well - that is why I'm on the site asking questions. NOT because I automatically think I'm right. Did I say something that offended you to prompt you to post so rudely? Maybe you're just having a bad day.
  6. #6
    HomeGuru is offline Senior Member
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    Nah, he's just having a bad summer.
  7. #7
    okamsrazor Guest
    Quote Originally Posted by IDEAL
    Well - that is why I'm on the site asking questions. NOT because I automatically think I'm right. Did I say something that offended you to prompt you to post so rudely? Maybe you're just having a bad day.
    Actually, I am curious as to what you THINK should happen. Should they be forced to hire you because you have a long commute? Or because you think you are the person for the job? I am not sure what your question is. You do not even know the commute is the reason why they did not hire you. MAybe thye interviewer did not like your hair, or your smile or you looked like an old flame. All perfectly good reasons to not hire you. And perfectly legal.

    And yes, I am sure you will mention the "e-mail" you have again. But for all you know he was being polite.
  8. #8
    IDEAL Guest
    Quote Originally Posted by okamsrazor
    Actually, I am curious as to what you THINK should happen.
    Well, I don't know what should happen. I have described my situation to friends and family and most believe it is a form of discrimination - not hiring me because I live too far away. I am curious, because honestly, I am not a lawyer and I don't know anyone who is, and it seems that this forum is a good place to start getting opinions and facts. Am I right on that at least?
    You are right - they might have decided that they didn't like my hair. Or maybe I was TOO attractive, but all I know is that I am a successful computer programmer that is skilled in the areas they need help in, and my interview went extremely well. The position has been open now for about 4 months.
    I recently emailed the manager again and told him I was still interested and asked if the 'residency requirements' have changed. He said no they are still the same, and if I decide to move closer they would love to hire me.
    I only post to see what others think. To see if anyone has heard of it. I feel it is wrong. At least unethical if not illegal.
    Anyone?
  9. #9
    cbg
    cbg is offline Senior Member
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    Technically, according to the dictionary, it is discrimination.

    However, it is not ILLEGAL discrimination. Most discrimination is entirely legal.

    Under Federal and Massachusetts law, it would only be illegal discrimination if they were refusing to hire you because of your race, religion, national origin, gender, age, disability, pregnancy, because you are over 40 or because of your sexual orientation. (That last is illegal under MA law but not under Federal.) Refusing to hire you because of where you live is perfectly legal, and whether you want to accept it or not, in these circumstances perfectly understandable.

    I do not agree that it is unethical, and I've been on both sides of this desk.
  10. #10
    Beth3 is offline Senior Member
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    I have described my situation to friends and family and most believe it is a form of discrimination - not hiring me because I live too far away. While I'm sure they're well intentioned, your friends and family know nothing about employment law. Not hiring you because the employer became nervous about the commute distance is without question NOT any form of prohibited discrimination.

    I can't evey say what the employer is doing is unethical. They undoubtedly have had some experiences with employees quitting for a job "closer to home." I have a candidate right now that is very well qualified for an opening we have who we'd love to hire but we're hesitating because she'd have at least an hour commute to work on a GOOD day. If traffic backs up on the freeway, as it often does during rush hour, it would be considerably longer.

    An employer doesn't want to hire someone only to have them leave as soon as they find a suitable position with a lesser commute.

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