I was fairly much guaranteed a job
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I was fairly much guaranteed a job
I left one job with the assumption that I had another job lined up. I was fairly much guaranteed the position, we just had to deal with the legalities and such. I was given my orientation date, and told how much my wages were to be paid. t was good to go, or so I thought. I was told that I would receive a call in a day or so once the local and federal backgrounds passed through. I never received a call. I received a letter in the mail, about the the last week of February, stating that my services are not required due to something on my back ground check regardless of excellent work history and references. The company did not send me a copy of my background checks, nor tell me what the offense was. As far as I know, I have no legal issues, and I should have never been barred, not without the reasons being explained. I have called their company many times since receiving that letter. I have tried to contact their COO and HR many times. No would always get their message boxes, and I have never received a call back. I just want a reason.
Asked on March 11, 2016 under Employment Labor Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Unfortunately, there most likely is nothing you can do unlesss you had a writtten employment contract which did in fact contractually guaranty you employment. Otherwise, without a contract, employment is "employment at will." That means an employer may freely decide whether and whom to hire; and can terminate someone once hired at will, without notice or warning; and can decide to not start someone whom they had indicated they would give a job to. They also do not owe a rejected applicant or fired employee an explanation of why, or if they provide an explanation (e.g. background check) are not required to provide proof or documentaton of it. Essentially, an employee at will has no rights to or guaranty of a job.
There are exceptions: the law prohibits certain kinds of employment discrimination, the chief ones of which are race, religion, sex, disabiliity or age over 40. Your state also protects national origin, marital status, and sexual orientation. If you feel you were not offered a job or started work specifically due to one of these protected characteristics, contact your state's equal/civil rights agency to file a complaint.
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