Legal Question in Employment Law in California

Rescinding an offer

My husband was hired by a company. When he went in to fill out all the required paperwork, they asked for his CPR card. He had an American Red Cross card and they require an American Heart Association card. The HR girl told him of some classes where he could take it and made an arrow to a May 14th class close to our house. She said he could take the class and bring the card to orientation on May 16th. In the meantime, he did a TB test and took the results in on thursday, May 12th. The HR manager was there (who was not there the first time he went in)when he turned in his TB results. She asked for his CPR card and he explained that he was taking the class on Saturday and would bring in his card on Monday at the orientation. She said that was not acceptable and need it by 5:00 p.m. on Friday the 13th. He stated that he was told by the other HR person that taking the class on Saturday the 14th was acceptable. She said she didn't care what he was previously told, she was in charge and she was rescinding the offer because he did not have a CPR card. He gave up his other job knowing he was starting this job on Monday. Is there any legal course or action we can take? Does he have a right to sue them for false information?


Asked on 5/16/05, 7:32 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Rescinding an offer

While he has a claim of breach of agreement against the company, his best solution is to retract his resignation and stay at the old company if they will take him back. If that isn't possible, then we can pursue his claims through negotiation or litigation. Contact me if interested in discussing the wisdom and costs of doing so.

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Answered on 5/17/05, 11:33 am


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