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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19680
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was working a full time job, and received an offer from

Customer Question

I was working a full time job, and received an offer from another company. I received an offer letter, with a start date of May 24th. I gave notice to the company I was working at. After my last day, the new company called, and stated I could not start until my government issued security clearance was issued, and it could take 40-50 days. I now have no income. This was not explained prior to my leaving the original company. Can I collect unemployment while I wait? Is there any recourse? The offer letter states dependant upon security clearance, but no time frame is referenced for it. If they explained the delay upfront, I would have remained in my old position until the clearance was approved. Any advice would be appreciated.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 months ago.


Thank you for the information and your question, and I am sorry to read about your situation. Unfortunately, you would not qualify for UI benefits. The reason is that you voluntarily quit your job and it was not for "just cause" attributable to the employer you quit working for. In other words, that employer would have had to do something extreme and adverse in your case that qualified as "just cause" to quit and you would have had to try to work things out with them before quitting. So, based on the information you provided, a UI claim is not an option.

As far as the job offer goes and the lack of clear communication by the new employer, unless you have an actual contract, versus an offer letter, that guarantees a start date and you did all you had to do under the contract, you would not have any legal option to force the payment of wages or work while you wait for the security clearance. If this is "at will" employment, then the fact is that the employer could have withdrawn their offer after you gave notice to the old employer, or even if you started working, for any or no reason and with no notice or warning. So, there are never any guarantees of employment unless there is a contract.

You might consider taking your offer letter to a local employment law attorney to see if there is enough detail in the letter to make it enforceable as to your start date, despite the qualifying language of the security clearance requirement. It is doubtful that it is, but it won't hurt to have local counsel take a look at it. If they think you have a case for detrimental reliance, they might suggest that they contact the new employer to try to get you paid from May 24th.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 4 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 17th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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. You can bookmark my page at:

Thank you.

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