Do I have a case if my new employer pulled the offer the day I started?

I live in California. I work in accounting. I landed a new position, gave notice and quit the old job. The new company was lackadaisical in the hiring process. They ran my background check right away, never drug tested me and on the day I started ran my credit and pulled the offer. I am now jobless and looking to see if I have a case.

Asked on September 24, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless you had a written employment contract for a definite term (e.g. one guarantying you the job for, say, a year, in the form of a one-year contract), you were an "employee at will." An employee at will may be termianted at any time--even the day after starting--for any reason--including a belated background check. If you have a contract which has been violated, you can sue based on it; if not, the employer may terminate you this way. Only written contracts for definite terms prevent at will termination.


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