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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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What is the definition of a job offer. I was instructed at

Customer Question

What is the definition of a job offer. I was instructed at a job interview to give my current employer my 2 week notice, and that my back ground check would take about 2 weeks and to expect a phone call at that time. I gave my job the 2 week notice with my final day being last week. And no call from prospective employer. It is now into the fourth week since the interview, I was wondering what would be my resource and what I could expect to be made whole. I know that my background check will be clean, no arrest, no convictions, no tickets, DUIs, accidents and none pending.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, even though you were told to expect a phone call, and basically expect to be hired within a few weeks, that doesn't constitute a contractual job offer that could be the basis of a suit.

This is due to the fact that as an at-will employee (without an employment contract) you can be terminated at any time for any reason with or without any prior notice, including after a job offer is extended.

However, if you did receive a promise that you would be hired, and were told to give your current employer two weeks notice, you may have a cause of action for your detrimental reliance on the promise that was made to you by your prosepctive employer.

This cause of action is more diifficult to prove than a straight breach of contract cause of action, especially if the promises you received from the prospective employer were all oral. However, if you're successful, you would be able to recoup the damages that you suffered (through quiitting your current job and being currently unemployed).

You do have an obligation to try to 'mitigate' your damages, however, by trying to find another job in the interim, including perhaps asking for your old job back if you think your former employer would rehire you.

Also, before you consider any legal action, I would definitely suggest that you call your prospective employer directly to ask about the status of your prospective job, since it's possible that there are other reasons for them not calling you yet (e.g., background check taking longer than thought, HR issues, etc.)

I sincerely wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.

I hope the above information is helpful. Please let me know if you have any additional questions.

Thanks and best of luck!
Expert:  Joseph replied 4 years ago.
Please remember to rate my answer positively so I get credit for my work.

Or, please ask me any follow up questions you have here.

Thanks and best of luck!