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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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My son had a job at L&J Tech and he applied for and was offered

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My son had a job at L&J Tech and he applied for and was offered a new position through a Temp Company "Volt" on a temp to perm position at Vaper Bus. He was given a start date of 4-1-13 but when that date came and he was going in to start Volt told him that his background check came back and it had an issue from over 5 years ago showed up. He included all of that information on his application so he wasn't hiding anything. Now he is out of a job. Isn't Volt responsible for his income from the 1st of April? Vapor Bus has told him that they would hire him on direct but some issue has came up regarding a finders fee via Volt. What can my son do? Sue Volt?
Interested Dad, Ed

Thank you for your question.

Did your son have a written contract of employment with Volt which stated that he was for sure going to start work at a specified rate and that he could only be terminated for cause?

What was the issue on the background check?
Customer: replied 4 years ago.

The background check showed a mistaminor assult charge.

I am not sure if he had an employment contract with Volt, however he did not give notice at L&J Tech until Volt called him and told him how much he would be making, and what date he would be starting.

Unfortunately, your son was likely an "at-will" employee which means he could be terminated or let go for any reason whatsoever. In this case, Volt chose not to complete the hiring process and put him to work because he failed their employment criteria on the criminal background check. Thus, they are allowed under the law to terminate their agreement with him for him to start work (unless they guaranteed that he would start work in a written contract).

Do you think that there is an ulterior motive to their actions? If they refused to hire him based on his race, national origin, religion, gender, or disability, this would illegal and your son would then have a valid complaint.
Customer: replied 4 years ago.

The information he provided stated clearly that he had this issue in his background, they chose to ignor the info provided on the application, and made the offer of employment prior to the completed background check. This is not my sons fault, they did not have to make the offer premature of the completed background check, nor did they have to tell him a start date and time to show up to work. He has been injured by their incompotence and neglegance, and gave up a direct position because of this, and why would Vapor Bus tell him that they would hire him direct regardless of the info on the background check if they didn't want him to start? If the background check was a requirement to start work then Volt should have waited until it was complete.

It is true that it is unfair. However, there is no enforceable contract here, because Vapor could terminate at anytime. They chose to terminate prior to your son's start of employment. Thus, there is no breach of contract claim.

Perhaps your son could attempt a "negligent misrepresentation" claim. That would be a lawsuit for the false representation that they would hire him, which he relied upon and left his other job. They had a duty to use ordinary care when making the representation that they would hire him. If he disclosed his criminal background and they simply refused to look at his application properly, there is likely a good claim. This has caused him damages in the form of lost wages from his previous job which he would not have incurred but for the false representation of hiring.

Your son could sue Volt for this in small claims court and assert a loss of no more than $10,000 (the limit in small claims court in Illinois).

Please let me know if you have any questions. Please also remember to kindly rate my answer positively so that I am compensated by the website for my work on your question. Rating does not cause any additional charges and will not prevent us from further discussing your questions.

Best Regards,
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