Legal Question in Business Law in California

Dear LawGuru,

I accepted a job offer a few weeks ago. The day I went in to start this job, the company said that they made a mistake. The job was supposed to be for someone else, not me.

What should I do?

Thanks,


Asked on 1/17/12, 11:22 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Unless you have a written contract, you are probably out of luck.

An employer can dismiss an employee at any time, without reason, and unless there is a contract, without liability.

The only exception is that, while an employee can be dismissed without reason, an employee cannot be dismissed for a bad reason -- typically, discrimination against the employee based upon race, religion, sex, sexual preference or age.

If your reporting for work was the employer's first opportunity to notice, for example, your race, you should probably take your case to an attorney who specializes in employment discrimination matters. Otherwise, just keep looking.

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Answered on 1/17/12, 12:07 pm
Terry A. Nelson Nelson & Lawless

You would have grounds for a legal claim only if you relied upon the offer and quit your old job and moved your residence a substantial distance. If so, contact me for help.

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Answered on 1/17/12, 3:53 pm


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