Asked in Employment Law for Illinois

Q: I was interviewing internally for a position but it was given to an external candidate chosen by a client not my compan

I currently work for a major health insurance company in their preventative onsite solutions group. We are contracted by companies and work onsite with their employees. I have been with the company for nearly 9 years and a high performer. My current site is downsizing and I need to move to another position to be retained in the company. I had applied and was a finalist for a different position and was told that I was the prime candidate from everyone in my company including the hiring manager. The decision was made after an in-person interview from the client to hire an external to my company new hire based upon only the client's recommendation. As I was told by another employee, the client cannot dictate who to hire as this would by co-employment. As there are no other open positions in my area, I have just a few weeks left in the company and desperate. I am hoping they messed up in someway during this process and I can take legal action against them. I appreciate any guidance.

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: I don't mean this to sound flippant, but you need to look for another job. It is not illegal for your employer to hire someone from outside the company on the recommendation of a client. Your fellow employee who told you it creates a co-employment situation is wrong. Even if they were right, what difference would it make? There is nothing inherently illegal in a co-employment situation.

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