What to do if I was offered a job with a future start date but a few days later was told that I did not get the job because of an incident on driving record?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was offered a job with a future start date but a few days later was told that I did not get the job because of an incident on driving record?
I was offered a job with a large cable company and told when I could sstart. Then the company called me few days after, telling me that I did not get the job because of a violation on driving record that was over 5 years old.
Asked on July 4, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, companies generally may rescind, or take back, job offers at will; that is because employment in this nation is employment at will, so employers may at any time decide to terminate someone or their employment--even before the employment begins.
The exceptions, or when they can't take back the job offer, are:
1) There is an actual employment contract.
2) In order to take the job offer you had to do something significant t your detriment, like relocate or leave an existing job; the new employer knew you'd have to do that, but made the job offer any way; it was reasonable for you to rely on the offer and do that thing to your detriment; and you did in fact rely on the offer and take action to your detriment. If *all* these conditions are met, the employer may be precluded, or "estopped," from rescinding the offer under the doctrine of promissory estoppel. If you think this may have been the case, you should consult with an employment law attorney to explore the situation in greater detail.
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 AttorneyPages.com 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.