Roanoke, TX asked in Contracts, Civil Litigation and Employment Law for Texas

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

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: 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.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.