Legal Question in Employment Law in California

Is an email offer of employment with wages and starting date requesting a response by a certain date considered a contract? If I responded to the email accepting the offer, then before my start date was told they are withdrawing the offer due to background report convictions. I immediately asked for a copy and have not received one. Was only told they could not hire me unless "it changed" I assume that means get misdemeanors expunged. They did not tell me not to report to work (My start date is tomorrow) only that they would have a HR secretary send me the report. What do I do show up for my first day, supposed to be mandatory training etc and receive job assignments. I did consent to a background check and did pass a drug test. I assumed everything was ok when I was offered the job. I was never asked about my criminal history until after I was told they could not hire me she said "do you know of any convictions on your record?" I responded truthfully. Yet was never told not to come to work, or given a copy of the report or even an email withdrawing the offer. Should I show up and prepare to explain my misdemeanor petty theft conviction? What if they tell me to go home?


Asked on 2/18/15, 1:53 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

I assume that the offer was for "at-will" employment. If that is true, then the employer can terminate an employment contract before the employee starts work, just like it could discharge an employee who has already started working. The employee would have no right to a job or salary, though in certain circumstances might have recourse for money spent in reliance on the employment. The employer could certainly tell the employee to go home if he tried to report for work, and the employee would be require to comply.

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Answered on 2/18/15, 4:09 am


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