What are my rights as a prospective employee if a position was misrepresented to me and I wasted several weeks and turned down another offer?

I’m a professional Class A commercial driver. I am curious about my rights as a prospective employee. A company just wasted my time stating they have a full time, hourly pay, local driving position, which what I clearly stated I was seeking and was told by both the recruiter and the terminal manager that they have available. After 2 weeks of paperwork and traveling back and forth to the location to complete the hiring process, the driving position actually turned out to be a regional “on call” position, something I would have told them at the beginning of all of this that I am not interested in. I turned down several other driving positions during this process and now I’m faced with still seeking work. I’m the sole income of the household.

Asked on December 8, 2015 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, you have no rights and no recourse in this situation. All employment, including all hiring is employment at will. Among other things, this means an employer may change, redefine, eliminate, choose not to hire for, etc. a position at any time, even while someone is actively interviewing for it. Since they are not obligated to offer the same position as initially discussed,  they are not liable in any way for failing to do so.

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