What to do ifI quit one job to take another but was not properly informedas to the completehiring process?
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What to do ifI quit one job to take another but was not properly informedas to the completehiring process?
After quitting a very good paying job with benefits as a journeymen meat cutter to take an offer for a vending route sales position, I was informed after the fact that I needed to pass a DOT physical. I cannot pass since I have a defibrillator, which automatically disqualifies me. I have held around a half dozen route jobs in my career and was never asked to take one before. I was interviewed by 2 different higher-ups with this new company prior to me giving 2 weeks notice. Neither one informed me of needing to pass the physical during the interview process. At the conclusion of just my second day, I was told not to report for the following day. This is a huge, devastating blow to me and my family. Obviously had I been informed up front, I would have ended the process immediately and not quit my meat cutting job. Do I have any legal right to go after this company?
Asked on January 19, 2012 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be worthwhile to discuss the matter in detail with an employment law attorney--depending on exactly what was said, you may have a cause of action. For example, if you were told that you had the job--i.e. it was a firm offer, which you accepted--that could have created a contract between you and the new employer, that they would give you a job and which they'd have to honor. Similarly, if they knew or should have known you would have to leave an existing good job to take this opportunity, but nonetheless represented to you that you'd get the job, making that representation in order to get you to leave the other position and come to them, the fact that you relied to your detriment in good faith on a representation (or promise) made with knowledge that you would rely on it could be enough to make the promise enforceable, even if all the requirements or criteria for an actual contract were not quite met. From what you write, you could therefore have grounds to hold this company to its promise of a job, and therefore should consult with an attorney to explore your rights and options.
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