I accepted a job offer and then was told I didn’t have a job there. Is this legal?

Get Legal Help Today

 Secured with SHA-256 Encryption

I accepted a job offer and then was told I didn’t have a job there. Is this legal?

On 1/28/18 I interviewed for a position and 2 hours later I received a call
offering me the position. I accepted the offer and was preparing to begin work
tomorrow 1/30/18. Today 1/29/18 I received a call to tell me that the person I
was replacing who had quit was coming back and I didn’t have a job with the
company. Is this legal or just really bad business practice? This is in
California.

Asked on January 29, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal--bad business practice arguably, but legal. Unless and only if you had a written employment contract for a definite term (e.g. a one-year contract) with a definite start date, your employment was "employment at will." The employer could terminate your employment at any time, for any reason (including another employee returning)--even before your employment event began. Only an employment contract would guaranty you a job.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption