Legal Question in Workers Comp in California

Can I sue a business that hired me, had me do all the paper work for the hiring process, turn in finger prints, a back ground check, and wait for a security clearance, and then tells me that the position no longer exists?


Asked on 6/21/16, 11:19 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Breach of Contract is allowable in Small Claims. BE CERTAIN your recollections are in writing. if the employer was just considering you with a number of other candidates and you did not sign an employment contract or Memo of Understanding, the employer will defend that the position was filled with a superior candidate. You will need receipts for your cash outlays to prove to a judge how much you spent on these background investigations. If you turned down a job because you signed an employment agreement or MOU, you will need to get in writing from that potential employer that you would have that job but for announcing you had another job. IF YOU CAN PROVE (which is virtually impossible) that you were denied employment because of national origin, race, color, religion, sexual preference or gender, then you have a Fair Employment and Housing Auth claim and/or an EEOC claim (but the odds of an employer being so stupid to put in writing that you are not being considered because of gender or religion or race are very very slim).

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Answered on 6/21/16, 12:11 pm


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