Q: Can you sue a company if they withdraw your employment after you sign your contract?
I signed a contract to work as a technical support agent for a self driving car company. My role would require no driving. However one day before I was to start (contracts signed, everything ready to go) they revoked my offer because I was found at fault in a car accident three months previously. Do I have any cause to sue for missed wages since I signed a contract for $30 and hour for six months minimum? I told my recruiter this beforehand and this wasn’t explicitly stated anywhere this would remove my offer. This is in San Francisco CA recruiter is from NY NY.
A:
Unless your contract guaranteed you a specific amount of time of employment and did not have an at will provision, you will not have a meritorious claim.
All employment in California is considered to at will, meaning the employer can terminate employment for any reason or even no reason at all. At will employment rules apply to applicants and people who are employees but have no started to work for the company.
If you accepted an unconditional offer of employment and then moved yourself a significant distance, or otherwise can prove you were prejudiced by the revocation of the offer, you might have a claim for estoppel. However this is a very narrow exception to the at will rules and will be difficult to establish.
Locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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