Legal Question in Employment Law in Georgia
My husband went on a job interview. They sent him for a physical fitness test along with other applicants, which he passed and so did several others. Everyone was told to purchase specific clothing for the job uniform and report to work on the following Monday for orientation. When my husband arrived, he was told that the man was mistaken in telling the applicants they were hired because there are additional steps in the application process. Can they legally tell you to report to work for orientation, buy a uniform and then tell you that you are not really hired?
2 Answers from Attorneys
Pretty much, yes. There is no right or entitlement to a job and employees can be terminated (or not hired) for any or no reason, with very few exceptions for unlawful discrimination. Even if he was actually hired there was no right to continued employment for even an hour. If you wanted to really push something, you can ask for reimbursement for the uniform and threaten a small claims action for promissory estoppel but it might not be worth the time, trouble and expense of actually filing if they don't pay up.
Under Title I of the Americans with Disabilities Act, an employer cannot conduct a medical examination of a job applicant until after an offer of employment has been made. An employer can condition an offer of employment upon the results of the examination only if all entering employees are subject to the same exam. In addition the employer may not use the exam to screen out applicants with physical or mental impairments unless the standards used are shown to be job related and consistent with business necessity.
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