Q: Hello, A company hired me to be a salesman. They put me through two weeks of training. Now wont hire me because of back
back ground check. I drove 100 miles each day for 2 weeks. Also they made me file for an LLC which was $150 and go on ride alongs with other salesman and I spent over $200 in gas. They owe me around $1500 and will not pay because I failed the background check. I believe since they put me through training for 2 weeks, they should pay me plus the cost of the LLC and the gas I spent for two weeks. Can you please advise. I live in Tarrant county in the DFW area. Thank you, Scott
It depends on the terms of your employment agreement and the reason you failed its background check.
If your employment offer was not conditioned on you successfully passing their background check and a background check is not required by some law or regulation governing your occupation, you may have a claim for reimbursement of the expenses you incurred.
If you were hired as an employee (as opposed to as an independent contractor), you are entitled to be paid your agreed wages for any training required by your employer.
If the company hired you as an at-will employee, they may terminate your employment at any time for any reason, including the results of a background check. However, if they promised to pay you for your training and expenses, they may be legally obligated to do so.
You should review any written agreement you signed when you were hired or during the training period to see if it addresses payment for training and expenses. If there is no written agreement, you can still try to pursue payment by sending a demand letter to the company stating that they breached an oral contract to pay you for the training and expenses.
If the company does not respond to your demand letter or refuses to pay, you may need to consider taking legal action. You can file a claim with the Texas Workforce Commission or hire a private attorney to sue the company for breach of contract.
It is recommended that you consult with an attorney in your area to discuss your specific situation and determine the best course of action.
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