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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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.

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