Ask aWhat do I do if I was hired under the pretense of a driving position and the hiring manager never intended to fulfill agreement? brief question here.

What do I do if I was hired under the pretense of a driving position and the hiring manager never intended to fulfill agreement?

I applied for a delivery driver job at a pizza/convenience store. I was called in, interviewed for a delivery driver job, and told that once the background check was ran and if it was clean that I would be a driver. A month later, I was told that the assistant manager that hired and interviewed me told the manager that she never intended to run the background check but wouldn’t go into further details. Since I started, I have worked 60/- hours every two weeks as kitchen help and asked my direct manager several times about the status of my background check or whether or not I’d be a delivery driver without getting a response. The death of my vehicle means that I can no longer be a driver, but since I was never hired to actually be a driver even though that is the pretense they hired me under I don’t know what to do. Is this a case where I can fight them over false hiring?

Asked on July 15, 2018 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no such lawsuit or legal claim as "false hiring" in our country. Employment in the U.S. is "employment at will"; this means that you have no guaranty of a job--either of having a job at all, or of a specific job--and your employer can change your job, assign to whatever job the employer wants, or even terminate you at will. They can promise to hire you as one thing, then make you another, and that is legal. Employment at will presupposes that if an employee does not like his or her job, he or she will seek a different job elsewhere--that is your recourse.

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