Legal Question in Employment Law in California

A competitor phoned me at work asking to consider employment with him. I went through three interviews, did well in all, and was told I would start Monday. I saw the owner at a cafe on that previous Tuesday and he asked if everything was still going forward...I said "you bet" and he replied

"see you Monday". That same day I filled out the written application and was told the only "remaining thing" was to hear from my references, which are all stellar. I was, however, in the midst of moving, and the apartment rental company needed "some piece of paper stating you start Monday". I asked for that paper, being careful to assure them it was a CONDITIONAL hiring which would only apply IF I had, in fact, passed my references and physical. I was told "that is fraudulent". I told them it wasn't at all, and that such formal declarations are quite common, ESPECIALLY when hiring away a key employee from a competitor. She said I could get one after references called in to respond to their inquiries. That evening, I got an e-mail stating my candidacy was terminated because I had asked them to "Stae I was an employee when I was not". I wrote back, assuming it was a misunderstanding. and replied I would never ask for something that wasn't either true nor lawful, I was simply asking for a "conditional offer" which protected them as well. They refused to consider my response...and there are many who think think they made the offer just to lure me away from their rival but yet had no intention of following through once they knew I had left the rival company.

I'm somewhat befuddled...is that a violation in any way of California's employment laws?


Asked on 6/13/11, 10:02 am

1 Answer from Attorneys

There is no specific Labor Code provision on this. In fact it would be contrary to the over-riding rule of law in California that employment is "at will." That means they can fire you at any time for any reason (other than illegal discrimination based on race, gender, whistle-blower status, etc.). If they can fire you Monday afternoon, it would be pointless to have a law that requires them to hire you Monday morning.

If, however, you can prove they really did this just to harm your former employer, their competitor, and never intended to hire you, then you have a classic case of common-law fraud.

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Answered on 6/13/11, 10:55 am


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