Legal Question in Employment Law in California
breach of promise regarding employment opportunities
My son was offered a full time job by a person at a company who apparently was not authorized to hire people. My son was interviewed, filled out a new-hire package including W-4 form, payroll deduction authorization for uniforms, and completed pre-employment drug testing sucessfully. He was told when to report to work and salary was agreed upon. My son resigned his current job to accept this offer. When my son reported to work at the new place as directed, he was told that there was no position available after all. Now my son has no job at all. Does my son have any legal recourse available to him? Can an employer do this to an applicant?
2 Answers from Attorneys
Re: breach of promise regarding
there have been many successful lawsuits based on breach of contract on simular sets of facts. sounds like a good case.
Re: breach of promise regarding employment opportunities
Before filing suit, it may be adviseable to consult with your son. The drug test may have turned out to be "positive" and the prospective employer may have decided it was better not to hire him then confront him. If that is not the case, you did not mention whether you son had an "offer letter" from this prospective employer. If he does, that could add to your documented evidence (e.g., the drug test is another). Your son should seek legal counsel in any event.