What happens when you are offered a job; you quit your current job and then the company pulls their offer?

Question

I was offered a position after a phone interview and a follow up second interview with two corporate managers. I disclosed a misdemeanor charge that may show up on a background check. I was subsequently offered an upper management position and I gave my two weeks notice. Now on the eve of my first day I receive a phone call from HR saying the job is not mine. Some questions about my background check. I disclosed the misdemeanor and was assured by the corporate manager that if the misdemeanor matches the background check. "no problem". Now I sit, unemployed waiting for them. I gave details of the offense and was reassured that they did not have a problem. What can I do legally? This is important to all those out there pondering whether to disclose a transgression. The background check confirmed what I had disclosed and now the reneged on their offer.

Answer 1

No point in waiting they will never disclose the details to you.

You need to get your own background check done at the county clerk's office. There could be other charges on your record that might not be yours. If that is the case hire an attorney to get them expunged.

Try to get your old job back. Just tell them it was not for you.

If you do try to apply elsewhere at least you'll know what's on your police record.

Answer 2

Here is the problem I see.

First, you state that you were offered a job over the phone at a phone interview, and then two other members of managment interviewed you. Why? That almost sounds like you were not offered the job until the second phone call.

Did they offer you a job PENDING a background investigation? If that was true, then you should not have quit your job until it came back.

One thing I have learned from reading these boards is people either don't understand or develop amnesia about what they were charged with. They even think they have a clean record when they don't.

HR obviously had a policy that the manager wasn't aware of, and unfortunately, there is nothing you can do.

Answer 3

Unless you signed a contract, you we offered a job under the legal concept of "employment at will". This basically means an employer can fire you for any or no reason at all. So without a binding contract you probably have no legal recourse especially since you were never actually hired. Sorry.

Answer 4

Nothing, they told you it was pending the results, they may have not wanted to let you down in their office with others around not knowing how you may react. As for the previous job, as long as you left on good terms they may want you back, or just move on to another position. One door closes another one opens, stay positive and stay out of trouble, the past does come back to haunt you.

Answer 5

It depends on your jurisdiction. Arizona, for example, is a 'right to work state', so if there is not a written contract and you have not filled out your new hire paperwork with the new company.... sorry!

Can you rescind your notice with your 'old' company?

You should speak with a labor attorney in your area.

Answer 6

My advice is always get a job offer in writing. That way if they pull out, you have legal grounds. Right now sad to say, you have zip.

Answer 7

Unfortunately, I think it will be a case of "he said she said"...I would explain to your current employer what had happened, and be prepared to explain why you were looking elsewhere.

Who knows, they may be ready to match the offer if they like your work.

Answer 8

You're screwed. Only thing you can do is try and withdraw your resignation at your old job and hope they didn't already hire someone to replace you.

Answer 9

You can always withdraw your two week notice.

It sounds like the new job didn't really exist.

Answer 10

Call a lawyer. You had a binding, verbal contract.

Good luck!