Legal Question in Legal Ethics in Florida
This case is about a company based in Massachusetts that has a contract with military in state of Florida.
They hired me last week while I was employed in another job in the state of Kentucky. The new job required interim security clearance. I explained to them the best for everybody (the previous employer, them and I) would be that I report to work in Florida in two weeks from the date of signed contract. That would give enough time to get the result of my interim security clearance and if for any reason should the clearance gets rejected, I neither have to move nor quit my job. They disagreed and told me on the phone and in the emails that it is imperative that I show up to work in Florida within 5 days. They assured me that there will not be any complications.
Despite my hesitation, I agreed. I gave last minute notice to the previous employer to their disbelief, packed a full car and drove to Florida.
After 3 days of being at the new job, they just have notified me that my security clearance has been denied and I am terminated.
Do I have a case to file a suit against them? The suit can not be for termination since it was clear that the job can not be performed if I don't have one. But I wonder if I have a case based on the fact that I insisted to do the security check before I give my resignation to the previous company and they insisted otherwise.
1 Answer from Attorneys
Yes. If you can show reasonable reliance on their assurances that there would be no complications, then they may be liable for your expenses of moving and possibly lost wages. If they can prove that you knew your security clearance would be rejected, and that moving to take a new job (requiring clearance) was not a reasonable decision on your part, then this is a viable defense. A lot will depend on what you have in writing from this company, and what the facts are surrounding your security clearance.
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