Union City, CA asked in Employment Law for California

Q: Can an offer be rescinded for not providing I-9 documentation within 3 days even if no work was performed?

If a candidate accepts a verbal offer and sets a start date but does not have I-9 documentation and doesn't not start work on the start date, can an employer rescind the offer or must they hold that offer open?

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2 Lawyer Answers
Jennifer Fu
Jennifer Fu
Answered
  • Rosemead, CA
  • Licensed in California

A: Generally speaking, California is an at-will employment state. This means an employer can terminate the employment with or without cause at any time, and vice versa. If the employee has not provided I-9 relevant supporting documentation, that would be cause to rescind your offer since he/she cannot prove authorization to work in the U.S. legally.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: The way this is worded it sounds like it comes from an Employer not an Employee. You use the word "candidate" which implies that this is some specialized position requiring qualifications to be vetted, not just a fry cook at McDoos. Based on that I would say there is insufficient information to determine whether this prospective employee is just an at will employee or whether there is some other qualification. If they continue to fail to complete the hiring process by not providing the I-9 to you, you could send them a letter saying that they have x days to do so or will have been considered to have abandoned their job. When that time expires, you have to decide what to do. You need to consult your own attorney and provide him all documents so he can make a proper evaluation.

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