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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11250
Experience:  Significant experience in all areas of employment law.
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Just a very brief question. I have an unfortunate situation

Customer Question

Good evening!
Just a very brief question.
I have an unfortunate situation where within a company a year and 8 months ago, I took a job as a front desk agent after I had moved up to Chicago on my own. The only other person who I knew in the city worked as a manager at a different hotel in the city. Upon hearing i had moved to Chicago, he had contacted me asking if I would like to work for their company. After much deliberation, I decided that I needed to be in environment where I knew at least one person in the city, in order to better transition. I went into the company I was first employed with, and verbally attempted to give my two weeks.. however the manager declined and set me home that day. I was employed at the company for under two weeks.
Fast forwarding to present time, I had applied for a sales position within the same company. When filling out the profile, I had checked that I was previously employed by Hilton as if there were any issues previously, I wanted them to be known up front and visible in my application. However, the job did not appear on my resume due to the short period of time I had worked there.
Shortly after, I was contacted by an off-site talent acquisition agent, who sent me the link for a video interview. I was then contacted again by the same agent for an in person interview, and two in person interviews later I was given an offer letter, contingent on the background check coming in clear. That Monday, I was told that the background check had come in clear. I confirmed with both the offsite talent agent and the HR manager of the physical property that I should put in my two weeks since my background check came in to their liking, to which they both agreed. The fact that I had previously worked for Hilton never came up during the interview process or with the talent acquisition agent, despite being on my profile the entire time.
Since they had both confirmed to put my two weeks in, and sent me an orientation letter welcoming me to the team, I had done so right away. 5 days prior to me starting the job and two days prior to my last day at my current job, the talent recruiter contacted me saying the HR manager had "noticed" I had selected that I had worked for the company before, and wanted to know the hotel I had worked at as they needed to verify if I was able to be rehired or not. The next day, I was told that my job offer was rescinded in an email, without any reason why. I tried to ask, and I was told they were "unable to tell me why".
Though I know it may have something to do with the initial job, do I have any rights in this situation? Although I am not at this point looking to pursue anything legally, I just feel as though this was bad practice on their part as now I will be unemployed in two days- my old job has already filled my role.
Thank you!
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

This was a very bad practice on the part of this employer and you have every right to be upset. However, from a legal standpoint, you probably would not have any recourse. The reason stems from the fact that employment is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. So, since as an at will employee you could be terminated on your first day, no law prevents the employer from rescinding their offer before you even start.

Some courts have recognized a very limited exceptions to the at will employment doctrine where a job offer is rescinded before an employee starts, but these cases have been limited to circumstances in which the employee does more than simply quit their previous job in reliance on the new offer. In these cases, the employees have all incurred substantial out of pocket expenses, such as breaking apartment leases, incurring moving expenses, etc. Without that sort of out of pocket loss, the at will employment doctrine will not be overridden and no law will prevent the employer from rescinding an offer, even if the reason they are rescinding is something they should have noticed before extending an offer in the first place.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 10 months ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.