How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I was offered a job with a salary agreed to verbally at lunch

Resolved Question:

I was offered a job with a salary agreed to verbally at lunch several weeks ago and was sent to drug screening therafter.
My offer letter was to be presented on a Tuesday .
Is it a fair business practice to verbally agreed to employment , then be sent out for drug screening that same day (which I passed) then have the offer rectracted as stated below?

I have copied and pasted his response

--- On Wed, 1/25/12, Herb Forthuber wrote:

From: Herb Forthuber
Subject: RE: Whats Up ?
To: "Thomas A. Frankel"
Date: Wednesday, January 25, 2012, 9:40 AM

Tom, I can very much appreciate your predicament. I found that I am in a similar situation. We met yesterday with our VP, and still do not have a clear signal. We are still interviewing a guy whom we have been talking to for over a month. When I talked with Ed, we discussed adding another salesman to handle the marine work and some other accounts. Unfortunately, I got way ahead of my headlights when I indicated that you had the job. I got my direction very clearly that I can’t make this type of offer or make the decision. I am still too used to running the operation like I did Conhagen, where I ran it like it was my own company; that isn’t the case here.

At this point, this whole deal is on hold. Wish I could give you better news. We can talk late this afternoon. I have meetings scheduled from 10 to 12:15, then have visitors here from 1 till about 3.



From: Thomas A. Frankel [[email protected]]
Sent: Wednesday, January 25, 2012 9:28 AM
Cc: Thomas A Frankel
Subject: Whats Up ?


My stomach is churning and head is aching for some info .

I hate being a pest like this but can you please advise on yesterdays outcome ?

Thank you for your support .

Thomas A Frankel
Cell # XXXXX
Residence # XXXXX
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

Unfortunately, it doesn't constitute an unfair business practice to be verbally offered a job and then have the job offer later rescinded.

If you had a verbal contract for employment in place then you could sue for breach of contract for not being granted the position that you were promised.

However, most employees are considered at will, so they could be terminated at any time for any reason, even prior to being employed.

You could sue for loss of income for relying upon the offer that was made.

You would be required to mediate any damages that you had as a result of the breach of contract as well.

Customer: replied 5 years ago.
What about the issue related to prescreen drug testing ?
Expert:  Joseph replied 5 years ago.
That doesn't affect that the verbal offer of the contract was later rescinded doesn't constitute an unfair practice.

Unfortunately, although it's definitely an inconvenience to go for drug screening, pass, and not receive the job for which you were screened, it doesn't constitute an unfair business practice.
Joseph and other California Employment Law Specialists are ready to help you