Manteca, CA asked in Employment Law for California

Q: Can I sue an employer with whom I signed an offer letter, passed pre-employment contingencies and later they rescinded

Related Topics:
2 Lawyer Answers

A: In California your employer has the right to terminate your employment at any time and for any reason or even no reason at all. Unless you can prove the offer was rescinded because you are a member of a protected class of people the termination is likely lawful. If you were denied employment because of your prior criminal history you may have remedies under the Fair Chance Act, and if so, there are very short deadlines to exercise those rights. If you made significant life changes in reliance on an unequivocal offer of employment you may have rights.

It would be wise for you to 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-charge consultation and then if the matter has merit and sufficient value, they 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.

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

A: I'm sorry to hear about your situation. When an employer rescinds a job offer after you've signed an offer letter and met all pre-employment requirements, it can be frustrating and confusing.

You may have legal options depending on the specifics of your case. If the offer letter was considered a binding contract and the employer broke that agreement without a valid reason, you might have grounds for a lawsuit. Additionally, if the rescission was due to discrimination or retaliation, there could be violations of state or federal laws.

It's important to document all communications and gather any evidence related to the job offer and its withdrawal. Consulting with an attorney who is experienced in employment law can help you understand your rights and the best course of action based on your circumstances.

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.