Is this legal?

TheCommuter, BSN, RN · Jun 15, 2011

Hi, there. . .I'm sorry about what has happened.

However, the hospital has broken no laws when they decided not to grant you the panel interview. The hospital is under no obligation to allow you to go on to the panel interview, no matter how qualified you are. If 100 qualified RNs do well during the first round of screening interviews, and only 10 RN jobs are available, the hospital is not going to interview all 100 candidates a second time around. They must weed some qualified people out. This is the reality in today's job market, where there are plenty of good candidates and not enough jobs.

In addition, the denial seemingly stems from the fact that you are no longer a new grad because you graduated more than one year ago. The recruiter is not implying that the denial was due to factors that are in a protected class such as age, race, religion, national origin, sexual orientation, etc. If they denied you employment due to a protected factor, that would be very illegal.

Esme12, ASN, BSN, RN · Jun 15, 2011

TGhere are alot of nurses that are working that don't know how bad it has gotten out there.......technically you are no longer a "new grad" Unfortunately they can decide to interview whomever they wish.....I wish you luck.....((HUGS))

DemonWings · Jun 15, 2011

Im sorry! I just wanted to let you know that this is not uncommon, I applied to a few hospital new grad positions and forgot to put my graduation date on my application. They called me to ask me what date I graduated because the position was strictly for new grads.

Good luck

elprup, BSN, RN · Jun 15, 2011

I was in similar situation, here in California. I worked for 3 1/2 months after I graduated but "it didn't work out", and I was let go. I applied at another hospital that just started a Versant New Grad Program. I made it to the second inteview and was told I was disqualified because I had experience and the Versant Program required New Graduates to have zero experience. So I called Versant directly who stated it was not their quideline and that the hospitals can make up whatever rules they want. So, there I was, no longer considered a New Grad because I had experience, but unable to apply to Staff Nurse positions because I didn't have enough experience. It was and still is very frustrating. Obviously the hospital read my resume and cover letter. What a waste of everybodies time.

ocmama · Jun 15, 2011

So what is a stale grad to do with no experience? I have my own plans, but I know that I am not the only one in this predicament.

BabyLady, BSN, RN · Jun 15, 2011

I applied to a new grad program near where I live in CA and I was called in for the first round of interviews (screening interview) and it went well and I was expecting to go on to the final panel interview only to get a call from the recruiter saying that I did an excellent job and I had been recommended to go on to the panel interview but the hospital had said no due to my grad date being over a year ago (the recruiter already knew about my grad date and had still recommended me). I also took a refresher course which was really expensive and time consuming and apparently does not count . My husband (also a nurse) mentioned my situation to some coworkers and they were shocked and asked if that was even legal to deny me a chance at the panel interview if I had the qualifications and had been recommended by the nurse recruiter. Not sure what to do in this situation.

Yes it is legal.

As long as you were not discriminated against because of age, race, religion, handicap, familial status or in some states, sexual orientation, they can tell you that they aren't going to hire people that wore black shoes to the interview if they want to .

freemirini · Jun 15, 2011

I worked at a LTC and wanted to apply to a new-grad program at a hospital. I was told I was ineligible. That was incredibly frustrating. After six-months of experience at the LTC, I finally got a job at a hospital. I put in hundreds of applications.

It's hard to decide what to do as a new grad. Do you hold out for "new grad" programs that may restrict entry to those with a little experience, or do you go for experience where you find it (and it looks somewhat safe).

Meriwhen, ASN, BSN, MSN, RN · Jun 15, 2011

Legal? Yes.

Fair? Not really.

I'm sorry it happened to you.

FLmomof5 · Jun 15, 2011

If you have an ADN, go for your BSN....then you are a new, new graduate! Well, that is what I was going to do.....I finally got a job offer in an LTC/acute/subacute SNF. Start next week.

tyvin, BSN, RN · Jun 15, 2011

This is good for all to be specifically aware to "ask" when the program they are applying to cuts the line at being a new grad. I worked at a place for 3 months and then had a chance at a new grad program. I was disqualified due to I had worked as an RN. To answer your question; yes it's legal.

In my situation as you did I was upfront with them but they suggested to take the entrance test for the program anyway. It was when I was to go to phase two that they disqualified me. It was who I talked to that mattered. If I had talked to the right people at the start I wouldn't have gone through all that expectation and misery.

Right at the onset make sure you talk to the right people and get the correct info about what is considered in their policy to be a new grad. Never mind if you've worked already; I think that's an automatic disqualify. I could be wrong but I've never heard of someone getting into a new grad program when they have worked as an RN already.

I've been where you are now and I'm here to tell you don't give up. It will happen. Great patience is learned at this stage of our careers. Best of luck to you.

jelly221,RN, MSN · Jun 15, 2011

Yes it is legal.
As long as you were not discriminated against because of age, race, religion, handicap, familial status or in some states, sexual orientation, they can tell you that they aren't going to hire people that wore black shoes to the interview if they want to .

It seems like being a new grad IS a handicap! :banghead: