California Employment Law

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Last month I applied to return to a previous employer whom I…

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Hi! Last month I applied...
Hi! Last month I applied to return to a previous employer whom I had left back in a April. Everything was going great. I heard back almost immediately and was offered a job position. I did the entire process, drug test, etc. and had my first day scheduled. Two days before I was supposed to start my orientation, I got an email saying they were no longer moving forward with my employment submission due to the fact that I did not have re-hire status. Yet, when I resigned the previous time, I received an email I was eligible for re-hire after 90 Days. Is there anything I can do?
Submitted: 11 months ago.Category: California Employment Law
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Answered in 52 minutes by:
9/8/2017
California Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: California Employment Law
Satisfied Customers: 14,317
Experience: Licensed to practice before state and federal court
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Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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California Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago

Thank you very much for your patience. This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. In your case, if they said that you were eligible for re-hire status, but then are later saying that you are ineligible, then this is going to be considered a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually

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