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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

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