Other Work Issues

questions & answers

Question: I am wondering if it is considered fraud for an employer to claim we would be interviewed via phone by an impartial party then turn around and hire someone outside the company without ever interviewing the internal applicants?

Answer: Fraud requires an intentional deceit by one party to gain an unfair or unlawful advantage over another party. Failing to keep a promise or meet an obligation as a result of a change in circumstances does not constitute fraud. The intent to deceive has to exist from the very beginning and it has to be done with the aim of taking advantage of the deceived party to be fraud. There is nothing in the Arizona Revised Statutes that requires employers to interview current employees before making a hiring decision. If there is an employment contract which guarantees an employee an interview or a provision within an employee handbook which guarantees an interview, then the employer may be in breach of that contract. Consult an employment law attorney if you believe you have suffered a loss as the result of a breach of an employment contract.