Hayward, CA asked in Employment Law for California

Q: Can an interviewer tell you at the onset of the interview that the position is not available.

When I arrived promptly for my scheduled morning interview for seasonal work with a reputable retailer, a HR rep told me that the position was filled. The HR rep stated she had left me a message earlier in the morning, but she said I could still interview. I kept the interview. The interviewer began by stating the position had been filled. He stated that the position was available at another store in a neighboring city or that I could apply for a sales position. He stressed that a sales position meant that I had to reapply. The position at the other store was not an option because I am unemployed and cannot afford the commute. When I left the store I found the voicemail from the HR rep. The message had been sent that morning when I was on the train to the store. For safety reasons I silence my phone and do not use it in public transit. The day before I had received a reminder call about the interview. Another woman who was there for an interview was told the same thing.

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1 Lawyer Answer

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I understand you were disappointed to hear this news. To answer your question, if the position you were interviewing for had in fact been filled, the interviewer can advise you of that.

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