Yes, this does not sound fair to you if you took the drug test first and then put in the 240 hours. You may be able to recover your fees and the cost of your time on various legal concepts such as detrimental reliance, estoppel, unjust enrichment, and tortious interference with prospective business relationships.
In PA, the elements of a claim for unjust enrichment are “benefits conferred on defendant by plaintiff, appreciation of such benefits by defendant, and acceptance and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value.” Wiernik v. PHH U.S. Mortgage Corp., 736 A.2d 616, 622 (Pa. Super. Ct. 1999), app. denied, 561 Pa. 700, 751 A.2d 193 (2000).
Similarly, an action based on the quasi-contract doctrine of quantum meruit requires that “one person has been unjustly enriched at the expense of another,” and thus cannot be sustained without satisfying the elements of unjust enrichment. Mitchell v. Moore, 729 A.2d 1200, 1202 n.2 (Pa. Super. Ct. 1999)
Under Pennsylvania law, the requisite elements of a cause of
action for interference with prospective contractual relations are as
follows: (1) a prospective contractual relationship;(2) the
purpose or intent to harm the plaintiff by preventing the relation from
occurring;(3) the absence of privilege or justification on the part of
the defendant; and (4) the occasioning of actual damage resulting from
the defendant’s conduct. Restatement (Second) of Torts § 766B (1979); Phillips v. Selig,
2008 PA Super 244, 959 A.2d 420, 428 (Pa. Super. Ct. 2008).
You may want to contact a business litigation attorney near you. This link may help you get started.
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