Tennesseer
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Post by Tennesseer on Aug 7, 2013 8:45:13 GMT -5
Tenneesseer You are probing for something..... what exactly is it that you think we (i) do at the company that is wrong? I have never heard of OFCCP, but will check with HR today to see if they know what it is I am not interested in what you do or the nature of your business. My asking employee count was to determine if your employer must follow state and federal discrimination laws. Your stating you did 'pre-screening' of folks over the phone who submitted resumes raised a red flag. While you and your HR office may believe these folks you speak to over the phone aren't legally applicants for employment, state and federal EEOC offices may think differently, depending upon what questions you are asking over the phone. Someone interviewed/screened over the phone may believe they are an applicant and depending what they were asked over the phone, the EEOC may agree. When I was involved in my employer's recruitment and employment department, our legal department advised to throw away all the unsolicited resumes we received and to only work with solicited resumes. If your employer has less than 15 employees total, discrimination laws don't apply to you (other than pay).
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Value Buy
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Post by Value Buy on Aug 7, 2013 8:54:13 GMT -5
"The workers' actions will lift up all of New York City," he said. "If they have more money in their pockets, they'll spend it right here, helping to boost the entire economy." This person is a moron. You increase wages significantly and prices will rise leaving them with no more buying power than they had before. Add in the automation aspect and well, they are just idiots. I don't think we are at the point that fast food restaurants are going to be fully automated. Fast food workers in North Dakota are already earning $15/hr. Of course its not enough because rents are really high because the top end payscale has bumped living costs for everyone. What is rarely discussed here is that upping the top of the payscale also causes inflation of living expenses. That's why where there are groups of highly paid individuals the cost for everyone is high. Yes raising the minimum wage will have an effect on raising costs. So does a concentration or raising pay of the top end effect real estate costs etc. I agree $15 is too much especially for places with low cost of living, but higher seems valid for places like NYC. Obviously, there is no grand conspiracy here with the wage rate. If the employment market warranted $15 an hour, in NYC, that is where it would be, instead, the fast food industry has enough people waiting for a job with them, they do not have to pay any more than they do. I think the workers are also forgetting the cost of real estate in the greater NYC area. Obviously the owners are paying a super premium for the location they are at, over other areas of the country, thus raising the owner's over all cost of doing business Maybe the workers should demand their employer be charged no more for rent for their location as they would in Joliet Illinois, then management might be able to pay higher wages. Let's not forget petty local laws and regulations businesses face in NYC that the companies must follow also. It is all about the total cost of doing business, not just wages .
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workpublic
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Post by workpublic on Aug 7, 2013 10:15:08 GMT -5
the Mickey Ds on 42nd st always charged more than the "standard" Mc Ds prices. I'm pretty sure the one across the street from The Garden does too. Those are the only Mc Ds in NYC i've been to.
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Post by Opti on Aug 7, 2013 10:24:08 GMT -5
Agreed, workpublic. The only McD's I've been to in NYC charge much more than they do in NJ.
"I think the workers are also forgetting the cost of real estate in the greater NYC area."
I really doubt it. If you rent or own in a HCOL area its not something that slips your mind if you are having a hard time paying those bills.
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workpublic
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Post by workpublic on Aug 7, 2013 10:37:29 GMT -5
i doubt the workers have any idea that the MC Ds they work in is paying $20k+ a month or whatever crazy rent 42nd st NYC "stores" pay. the managers, maybe. the owner, definitely.
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Post by Deleted on Aug 7, 2013 13:36:09 GMT -5
Tenneesseer You are probing for something..... what exactly is it that you think we (i) do at the company that is wrong? I have never heard of OFCCP, but will check with HR today to see if they know what it is I am not interested in what you do or the nature of your business. My asking employee count was to determine if your employer must follow state and federal discrimination laws. Your stating you did 'pre-screening' of folks over the phone who submitted resumes raised a red flag.
While you and your HR office may believe these folks you speak to over the phone aren't legally applicants for employment, state and federal EEOC offices may think differently, depending upon what questions you are asking over the phone. Someone interviewed/screened over the phone may believe they are an applicant and depending what they were asked over the phone, the EEOC may agree. is this your issue? what questions am i asking them in the 10 minutes? When I was involved in my employer's recruitment and employment department, our legal department advised to throw away all the unsolicited resumes we received and to only work with solicited resumes. If your employer has less than 15 employees total, discrimination laws don't apply to you (other than pay). they are applying for a position in our company most sent resumes because of an active advertisement, but a few through unsolicited resumes received in the mail throughout the year...... when i call them, and have a conversation, how does that raise a red flag? under what auspice? i have never heard of such a thing......been doing this for twenty + years now...... in what way could i possibly be discriminating, if that is your point? this is a new one on me.....maybe because you worked for federal agencies, there are different guidelines?
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Angel!
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Post by Angel! on Aug 7, 2013 13:39:55 GMT -5
While you and your HR office may believe these folks you speak to over the phone aren't legally applicants for employment, state and federal EEOC offices may think differently, depending upon what questions you are asking over the phone. Someone interviewed/screened over the phone may believe they are an applicant and depending what they were asked over the phone, the EEOC may agree. Why does it matter whether they do or don't consider themselves applicants? I would think if you are granted a phone interview you are an applicant for the job. I just don't understand why this is important.
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Tennesseer
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Post by Tennesseer on Aug 7, 2013 15:05:12 GMT -5
I am not interested in what you do or the nature of your business. My asking employee count was to determine if your employer must follow state and federal discrimination laws. Your stating you did 'pre-screening' of folks over the phone who submitted resumes raised a red flag.
While you and your HR office may believe these folks you speak to over the phone aren't legally applicants for employment, state and federal EEOC offices may think differently, depending upon what questions you are asking over the phone. Someone interviewed/screened over the phone may believe they are an applicant and depending what they were asked over the phone, the EEOC may agree. is this your issue? what questions am i asking them in the 10 minutes? When I was involved in my employer's recruitment and employment department, our legal department advised to throw away all the unsolicited resumes we received and to only work with solicited resumes. If your employer has less than 15 employees total, discrimination laws don't apply to you (other than pay). they are applying for a position in our company most sent resumes because of an active advertisement, but a few through unsolicited resumes received in the mail throughout the year...... when i call them, and have a conversation, how does that raise a red flag? under what auspice? i have never heard of such a thing......been doing this for twenty + years now...... in what way could i possibly be discriminating, if that is your point? this is a new one on me.....maybe because you worked for federal agencies, there are different guidelines? The folks you interview on the phone and pre-screen: Have they completed one of your employer's applications for employment prior to the phone interview? Do you contact those you screened over the phone by letter after your conversation with them and advise them they are no longer under consideration for employment and another candidate has been selected? I am in no way insinuating you are discriminating. But the folks pre-screened over the phone may think you might be after your phone conversation. I worked for an employer which hired over 10,000 folks a year. I never worked for a federal agency but we had a lot of interaction with them including lawsuits over our hiring processes.
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Tennesseer
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Post by Tennesseer on Aug 7, 2013 15:17:12 GMT -5
While you and your HR office may believe these folks you speak to over the phone aren't legally applicants for employment, state and federal EEOC offices may think differently, depending upon what questions you are asking over the phone. Someone interviewed/screened over the phone may believe they are an applicant and depending what they were asked over the phone, the EEOC may agree. Why does it matter whether they do or don't consider themselves applicants? I would think if you are granted a phone interview you are an applicant for the job. I just don't understand why this is important. It may not be important to the employer but it may be of concern to the "applicant". Most if not all applicants do prefer face-to-face interviews. It is during that time where they hope to put their best foot forward. There is nothing wrong with telephone interviews per se. But an employer must be careful what they ask if they have not had the other person on the phone complete a company application for employment prior to the phone call. Asking anything beyond how they meet the qualifications for the listed job over the phone (without having had the person first complete an employment application) could get an employer in trouble. That a company hasn't had a problem yet doesn't mean he couldn't have one in the future. All it takes is one disgruntled person who thought they were not given a fair chance at gaining a position to cause trouble for an employer. And if there are no records of said telephone interview(s), there could also be a big problem. Just be careful. We live in a litigious society.
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Opti
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Post by Opti on Aug 7, 2013 15:21:24 GMT -5
Old folks are having a hard time getting jobs because of manager beliefs. For those willing to take the pay cuts, only some managers actually believe them so they don't even get a chance at jobs they'd do better than most 30 year olds.
For me it would really depend on the job, and the actual 30 year old and 55 year old in question. While not common, almost every week I see someone under 50 in the sub acute facility I work per diem. There are 30 to 50 year olds that aren't going to make to 55 and some have pretty extensive hospitalization histories. I'm 53 and my major health issue is sinus infections. That's been true for most of my working life.
I've met people there who look fantastic at 80 plus. I've also seen some old before their time whether congential health issues, alcohol & drugs, or extreme weight. Now that I'm older the reason I'd hire a good 50 something would be the knowledge they had from all the years they've worked. But again it depends on your needs and the people in question. I'd be looking at fit more than age. But you did prove one point. Age discrimination is alive and well. Its seem so natural to you, you don't even see it as discrimination - and usually that's how its been throughout history. Those that discriminate think they are being fair and sensible instead of unfair and discriminatory.
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Sum Dum Gai
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Post by Sum Dum Gai on Aug 7, 2013 15:31:33 GMT -5
It's not unfair. It's reality. Folks in their fifties have more health issues as a group, than folks in their thirties. Folks in their sixties have more health issues than folks in their fifties. Our bodies and minds break down as we age. That's life, not persecution.
That doesn't mean every thirty something is healthy as a horse and every fifty something is going to cost the employer health plan a fortune, but on average, older workers will cost your plan more and cause your insurance rates to rise.
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Opti
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Post by Opti on Aug 7, 2013 16:00:23 GMT -5
FWIW, I was more sick more often with my sinus issues especially when I was 35 and younger. It took me awhile to learn what foods to avoid and other things I could do improve my health situation.
When you hire you aren't hiring an average 30 year old or an average 55 year old. You are hiring an individual and sometimes the choice should be the one who happens to be 55 and sometimes the choice should be the one who is 30. Slightly OT, but one of our young male posters was in the hospital twice I think in the past year. Except for childbirth related stuff, I think men tend to be in the hospital more than women. Yet that's never stopped employers from preferring men has it?
(In a job I had 4 years ago I'm thinking of three individuals that went against your stereotypes to some extent. We had a male employee basically collapse in his car and thankfully another employee was there to help. He ended up having a congenital heart issue that took quite a few tests and time off from work to find. A woman in that 55 yr old range was being treated for breast cancer and pretty much worked the entire time except the surgery. We had flexible schedules so she managed her radiation treatments to affect work as little as possible. Finally, we had a woman who was likely in that 55 or older category. Heavy, as in the 2X or so category. Yet she probably out worked everyone in our area. She was rarely sick and worked from home often to get things done. You miss lots of good people if your hiring decisions are based on your belief of averages and not the candidate actually before you. IMHO.)
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Post by Opti on Aug 7, 2013 16:12:56 GMT -5
"It's not unfair. It's reality. Folks in their fifties have more health issues as a group, than folks in their thirties. Folks in their sixties have more health issues than folks in their fifties. Our bodies and minds break down as we age. That's life, not persecution."
You aren't hiring the group. You are hiring an individual. If we based all our hiring decisions on the average, there would be no male jockeys because the average male is way too big. We would have never gotten female policewomen, male nurses, etc.
You were in the hospital twice in the calendar year and all I need is antibiotics and occasional sick days. Why should someone hire you then simply because you are 29/30 and not me because I am 53? In my case, my parents serious medical issues happened years after retirement. Somewhere in their 70s. Why should I be penalized for something that has high odds of not being true in my case?
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Sum Dum Gai
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Post by Sum Dum Gai on Aug 7, 2013 17:53:28 GMT -5
Were they both in the same year?? They seemed farther apart than that. Maybe not though. Other than those two hospital visits all I've had done are dental cleanings. I don't take any prescriptions. I have no ongoing health issues that need monitoring. I'm too young to require routine testing. My two hospital visits together probably cost less than a woman going through a healthy pregnancy. I'm an outlier on the cost side for a thirty year old anyway.
Regardless of how often the older worker sees a doctor, what medications they take, or what conditions they have, insurance is priced based on averages. Adding older workers to a small group insurance plan does raise the rates for the group. Even if you're adding an older worker that's healthier than average.
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Opti
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Post by Opti on Aug 7, 2013 18:05:00 GMT -5
When you think about its kind of annoying(to me anyway). Insurers charge different rates on car insurance based on your personal history and location, but group plans so far don't give breaks for healthier than average people, especially older folk. I don't take any prescriptions although back when I had better health insurance I did take a more effective prescription allergy medicine. Now I take OTC. In both cases, I take generally as needed so much less than folks who take whatever it is year around every day.
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Post by Deleted on Aug 7, 2013 18:57:07 GMT -5
they are applying for a position in our company most sent resumes because of an active advertisement, but a few through unsolicited resumes received in the mail throughout the year...... when i call them, and have a conversation, how does that raise a red flag? under what auspice? i have never heard of such a thing......been doing this for twenty + years now...... in what way could i possibly be discriminating, if that is your point? this is a new one on me.....maybe because you worked for federal agencies, there are different guidelines? The folks you interview on the phone and pre-screen: Have they completed one of your employer's applications for employment prior to the phone interview? no Do you contact those you screened over the phone by letter after your conversation with them and advise them they are no longer under consideration for employment and another candidate has been selected? depends on if they ask to let them know.....I am in no way insinuating you are discriminating. But the folks pre-screened over the phone may think you might be after your phone conversation. I worked for an employer which hired over 10,000 folks a year. I never worked for a federal agency but we had a lot of interaction with them including lawsuits over our hiring processes.
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Post by Deleted on Aug 7, 2013 19:06:16 GMT -5
Why does it matter whether they do or don't consider themselves applicants? I would think if you are granted a phone interview you are an applicant for the job. I just don't understand why this is important. It may not be important to the employer but it may be of concern to the "applicant". Most if not all applicants do prefer face-to-face interviews. It is during that time where they hope to put their best foot forward. of course.....but tell me are you a hiring manager......if so, how many interviews do you conduct for each position? how do you determine who gets the face to face interview? Or do you interview everyone for the job, whether qualified or not?There is nothing wrong with telephone interviews per se. But an employer must be careful what they ask if they have not had the other person on the phone complete a company application for employment prior to the phone call. Asking anything beyond how they meet the qualifications for the listed job over the phone (without having had the person first complete an employment application) could get an employer in trouble. aaaaah.....well my phone conversation consists of them telling me what they did at one or two previous jobs.....i rarely ask questions......i let them tell me their story....basically i look at resume, and "tell me about your position at xyz company, and what an average day consisted of"
That a company hasn't had a problem yet doesn't mean he couldn't have one in the future. All it takes is one disgruntled person who thought they were not given a fair chance at gaining a position to cause trouble for an employer. And if there are no records of said telephone interview(s), there could also be a big problem. recording phone conversations is actually illegal unless you tell people upfront in this state.....but i keep copious notes on resumes......if that counts or notJust be careful. We live in a litigious society.
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Tennesseer
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Post by Tennesseer on Aug 7, 2013 19:19:27 GMT -5
Seriously? No employment application. What kind of HR department do you have? If they have told you no application needs to be completed before your phone interview, and from what you have said here it is an officisl job interview, they don' know anything about employment law.
You and your company are lucky no one has sued you to date. Best of luck.
I used to have to interview about 7 folks for each position. I did a few thousand interviews during my recruitment days (I worked for the same employer for 30 years). Never once was someone interviewed with first completing an application. We had to have a record of everyone who applied.
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Post by Deleted on Aug 7, 2013 19:19:40 GMT -5
Old folks are having a hard time getting jobs because of manager beliefs. For those willing to take the pay cuts, only some managers actually believe them so they don't even get a chance at jobs they'd do better than most 30 year olds. For me it would really depend on the job, and the actual 30 year old and 55 year old in question. While not common, almost every week I see someone under 50 in the sub acute facility I work per diem. There are 30 to 50 year olds that aren't going to make to 55 and some have pretty extensive hospitalization histories. I'm 53 and my major health issue is sinus infections. That's been true for most of my working life. I've met people there who look fantastic at 80 plus. I've also seen some old before their time whether congential health issues, alcohol & drugs, or extreme weight. Now that I'm older the reason I'd hire a good 50 something would be the knowledge they had from all the years they've worked. But again it depends on your needs and the people in question. I'd be looking at fit more than age. But you did prove one point. Age discrimination is alive and well. Its seem so natural to you, you don't even see it as discrimination - and usually that's how its been throughout history. Those that discriminate think they are being fair and sensible instead of unfair and discriminatory. of course it depends on the job do you feel most 55 yr olds would like "pounding the pavement" as we call it in my buisiness? That is walking an asphalt lot in all weather, showing consumers different used cars for hours a day. Getting in and out of cars that have been roasting in the sun all day, turning on the a/c and cooling it before the customer sits in it? Showing people how all the new technology works in the cars, and how that can make their driving experience so much nicer. Have i met a few over 50's that can do the job...yes Are they the exception rather than the rule? yes What you have experienced in jobs is so different than my business that they dont even relate...... I am over 50.....i understand the difference in ages, and what it means experience wise and wisdom wise to have the older employee But what i said is true....most over 50's are not hired because of difference in cost. You can like that fact or not....but it is the truth
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Post by Deleted on Aug 7, 2013 19:22:19 GMT -5
Seriously? No employment application. What kind of HR department do you have? If they have told you no application needs to be completed before your phone interview, and from what you have said here it is an officisl job interview, they don' know anything about employment law. You and your company are lucky no one has sued you to date. Best of luck. you are such an expert, you need to write a book i am sure you have hired thousands of people in your career maybe you can help a few inexperienced managers like me with all your knowledge and wisdom
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Tennesseer
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Post by Tennesseer on Aug 7, 2013 19:29:44 GMT -5
I'm retired. No longer in the business. I added an additional paragraph after my last post. I did interview and hire several thousand people. All completed an application prior to an interview. We had to keep good records.
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EVT1
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Post by EVT1 on Aug 7, 2013 22:35:37 GMT -5
He's talking auto sales jobs- and from what I remember is a revolving door in a lot of places for the lower performing section. Dealer world is a different animal than a normal corporate environment- at least until they become part of a large group of many locations. Only then is there even a real HR department. I have history in this kind of business and sales or service managers generally have free reign- and I have seen them end up in court because of shit they did- precisely because there was no one keeping up with the law or making sure they were compliant.
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Opti
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Post by Opti on Aug 7, 2013 23:21:32 GMT -5
I realize that. That's also why IT jobs have dropped for Americans my entire career. Its cheaper to hire foreign workers.
Personally I don't care what the average anybody wants. The average anybody isn't applying for jobs. The average person doesn't want to be a UNIX admin or in telecom expense management. Should I change myself based on some stupid view of what the average person wants or doesn't want?
There's a person who is in her 50s that works as a baggage handler at the airport and often tries to get unemployed professionals to give it a try. I'm pretty sure she's not average but it works for her. All I'm saying is people should be given a shot if they can do the job and want to. When I had my recent library gig of labeling and putting away books in a six floor library I thought it was great that our boss had hired people who ranged in age from the low 20s to 60s possibly more. We spent half of our day hefting books which included accurately shelving them which was harder and more labor intensive than you might think. At the end of the contract we were expected to move three fulls sections of books quickly if we needed to shelve one book. (Section would be roughly 5 to seven shelfs top to bottom depending on location and book size.) Used cars wouldn't be my thing unless they were cool and interesting, but if they were, I'd like the opportunity to try and be better than whoever else was working the same job. If a 55 year old person does apply for the job you described I think one thing would be almost a given. They aren't an average 55 year old.
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Post by Deleted on Aug 8, 2013 8:37:15 GMT -5
I realize that. That's also why IT jobs have dropped for Americans my entire career. Its cheaper to hire foreign workers. Personally I don't care what the average anybody wants. The average anybody isn't applying for jobs. The average person doesn't want to be a UNIX admin or in telecom expense management. Should I change myself based on some stupid view of what the average person wants or doesn't want? There's a person who is in her 50s that works as a baggage handler at the airport and often tries to get unemployed professionals to give it a try. I'm pretty sure she's not average but it works for her. All I'm saying is people should be given a shot if they can do the job and want to. When I had my recent library gig of labeling and putting away books in a six floor library I thought it was great that our boss had hired people who ranged in age from the low 20s to 60s possibly more. We spent half of our day hefting books which included accurately shelving them which was harder and more labor intensive than you might think. At the end of the contract we were expected to move three fulls sections of books quickly if we needed to shelve one book. (Section would be roughly 5 to seven shelfs top to bottom depending on location and book size.) Used cars wouldn't be my thing unless they were cool and interesting, but if they were, I'd like the opportunity to try and be better than whoever else was working the same job. If a 55 year old person does apply for the job you described I think one thing would be almost a given. They aren't an average 55 year old. i can remember a total of less than 10 over 50+ applying for sales jobs..... It is a commission job.....minimum wage for hours worked, or commissions, whichever is higher. If you do well, you can make 75-100k...... If not, you will make minimum wage before you are fired...... It is long hours, and hard work. It is not the type of jobs "most" over 50 would ever contemplate, much less want to do But i do have three currently on the job...and doing it well......all are 25 + year veterans, and all looking to retire in next 3-4 years There are exceptions to every rule.....i try not to discount anything......
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workpublic
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Post by workpublic on Aug 8, 2013 10:42:08 GMT -5
i get phone screened all the time before being invited in. i don't fill out applications until i get called in. i send my resume, they look at it, decide I may be a good fit, then do a phone interview/screen, if i "pass" that they call me in for a face to face.
are telling me i could have sued several recruiters for that?
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Post by Deleted on Aug 8, 2013 11:16:34 GMT -5
i get phone screened all the time before being invited in. i don't fill out applications until i get called in. i send my resume, they look at it, decide I may be a good fit, then do a phone interview/screen, if i "pass" that they call me in for a face to face. are telling me i could have sued several recruiters for that? good question i say nfw tenneeseer seems to think so any lawyers want to put their two cents in? what would you sue for? what are your damages? i would think in order to prove discrimination, you would have to show someone got the job less deserving than you but....what do i know
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Post by Deleted on Aug 9, 2013 7:56:50 GMT -5
any lawyers on the board want to weigh in?
is a pre screen call grounds for a discrimination lawsuit?
and if so, why?
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zibazinski
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Post by zibazinski on Aug 9, 2013 10:34:01 GMT -5
Shoot, if I can't understand them on the phone, I'm sure not going to hire them for a job where people need to understand them. I hate that when I get transferred to someone who can't speak clearly. Waste of my time and I usually hang up.
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AgeOfEnlightenmentSCP
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Post by AgeOfEnlightenmentSCP on Aug 9, 2013 12:56:49 GMT -5
Shoot, if I can't understand them on the phone, I'm sure not going to hire them for a job where people need to understand them. I hate that when I get transferred to someone who can't speak clearly. Waste of my time and I usually hang up. One thing we did to compete against the race-to-the-bottom illegal immigrants in the landscaping business was to include- "English Speaking Crew Members On Every Job". We were accused of racism and all the rest of it, but we stated simply that we did the research and found people were frustrated when they couldn't communicate with their landscaping crew that they were paying to do the job to express concerns, give direction, or even simply say something nice or offer refreshments. It doesn't matter what your race or ethnicity is- it matters that you speak the dominant language of the vast majority of the community you serve.
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EVT1
Junior Associate
Joined: Dec 30, 2010 16:22:42 GMT -5
Posts: 8,596
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Post by EVT1 on Aug 9, 2013 13:02:47 GMT -5
Perhaps TN will elaborate. From what I read his point was that someone you screen over the phone could have standing to sue by virtue of the 'interview'.
Take some older person that you screened out right away for some legitimate reason- that you would have not interviewed based on an application- you are going not going to be able to stop an age discrimination suit claiming they never applied. In fact you could bring one on yourself if in an 'interview' or 'screening' all you asked about was age and job experience. All it takes is for one person to think that they were plainly qualified and once they told you their age the conversation soon ended and they never heard back from you.
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