Was this illegal?

[sara223]

Ok, I've got a legal question for you guys. Thanks in advance for taking the time to answer it. I recently applied for a new job and after going through the interview process, the job was offered to me. I accepted and put in my two week notice at my current job. On my last day of work at my current job, as I'm walking out the door, I get a call from my soon-to-be boss. Even though I'm scheduled to start work for him the next morning, he tells me that he feels that now is not the right time for me to start working at his company. Naturally, I'm stunned and asked him what he means. He said that he just felt it was not the "right time." When I pointed out that I had already given my two week notice at my current job, he apologized but would offer no explanation. After hassling him to tell me why he had suddenly changed his mind, he eventually told me that new information had become available and he felt it was not "the right time" for me to start. He wouldn't tell me what the information was, citing confidentiality. He assured me that all my references came back extremely solid and he said his company was still short-staffed (and hiring), but that it still wasn't the right time for me to start. Luckily, I was able to stay at my former job full-time, but another employee had to go to part-time, because my boss had already hired someone to take my place. Naturally, I'm very curious as to what this "new information" is and whether or not it's true. I have never committed anything close to a crime and have nothing in my past that would bar me from employment. Is this legal? Should I at least have a right to find out and defend myself against this "new information?" I remember hearing about some law stating that an employer had to have a reasonable explantion in order to terminate someone from employment? But was I technically hired yet? Any information you could give me would be greatly appreciated. By the way, I live in AZ. My email address is [email protected]. Thanks again!

 

[pious1]

I CAN UNDERSTAND YOUR DISMAY, AND NEED TO SEEK OUT THIS POSSIBLE DEFAMATORY INFORMATION. OF COURSE IF YOU HAVE THE MONEY A GOOD ATTORNEY CAN CAUSE THIS RELUCTANT EMPLOYER TO SPILL WHAT HE KNOWS, BUT BECAUSE YOU WERE ABLE TO RETAIN YOUR PRESENT JOB, WHERE'S THE DAMAGE REGARDLESS OF PROOF OF DEFAMATION. YOU SOUND LIKE YOU HAVE IT GOING ON, BUT TIME GET A LETTER OF INTENT FROM ANY POTENTIAL EMPLOYER. GOOD LUCK.

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[Attorney_Replogle]

To begin, your understanding of general termination law is not accurate. It is rather the case that most states have an at-will employment policy. That means that an employer can terminate an employee at any time, with or without a reason. The only exceptions to this general rule are where there is an employment contract or the termination is actually based on a protected category such as age, race, religion, etc.

Those protected categories also apply to hiring practices. In other words, an employer can't refuse to hire an applicant simply because that applicant is a woman, for example. Do you have a "right" to know the reasons the potential employer refused to hire you? Not necessarily.

You can hire an attorney to write a letter to the potential employer and request to know the reasons. In that situation, the employer's attorney would advise the employer to give that information out, since it is much less of a finacial burden then to defend a lawsuit. However, your attorney should charge you either by the hour or a flat fee for this service, since it is not likely to lead to any settlement or case for him down the road.

For more information on general employment law, go to freeadvice.com/law/634us.htm.

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Mark B. Replogle