Can we take legal action against a medical company for making a mistake in the hiring process that has now cost my husband his job?

UPDATED: Nov 30, 2011

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Can we take legal action against a medical company for making a mistake in the hiring process that has now cost my husband his job?

My husband did a medical screening to reinstate with department of corrections. They addressed the issues he needed to take care of, which he did. The hiring process progressed, he was formally hired, and scheduled to start Monday. Now, they called this morning saying a mistake was made and his blood sugar is too high and he needs A1C test and will likely delay his start if not completely lose him this job. Meanwhile, he has already resigned from his previous job, bought uniforms, and was ready to start in a few days. His previous position has already been filled.

Asked on November 30, 2011 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your husband should consult with an employment attorney--he may have a cause of action for compensation or reinstatement. When party A makes a representation (promise or statement) to party B, to induce B to do something, and it is reasonable for party B to rely on that statement, and in such reasonable reliance, party B does things to its detriment, which party A should have known or anticipated, then A may be obligated to honor its representation.

In this case: the employer represented that your husband had a job, in order to get him to accept it. If he was employed at the time, it was foreseeable that he'd quit his current job; it may also also have been foreseeable that he'd spend money on uniforms, if they are required. It was most likely reasonable for your husband to rely on the representation he had a job. Therefore, in reasonable reliance on a representation, he took actions to his detriment. This might make the promise of a job enforceable. From what you write, it is worth consulting in detail with an attorney about this matter. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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