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I live in Arizona. I was promised a job, was given a

Customer Question
I live in Arizona...

I live in Arizona. I was promised a job, was given a starting date of today Monday11/20/17. On Friday, 11/17/17 I got a phone call stating I am not being hired. I quit my previous job and now I am without anything. I was told I am not getting hired because of a misdemeanor charge on my bank ground .I was telling the employer on my application and during the interview process about this charge and it was not a problem. Now 3 days before I was supposed to start this job, I was told it is a integrity issue. IS there anything I can do? I don't have any money to pay for a attorney and I don't have any money to continue paying my monthly bills. Can you help?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I am in Arizona.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, no union , I am not sure about at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thank you

Submitted: 7 months ago.Category: Employment Law
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11/20/2017
Employment Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,760
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Employment Lawyer: Loren, Lawyer replied 7 months ago

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which you find accurate and useful.

I will assume that there is no issue of illegal discrimination involved.

While there is no obligation to follow through on the hiring as an at-will employee, you may be able to assert a claim based upon the equitable remedy of promissory estoppel. The elements of promissory estoppel are: (1) a clear and definite promise; (2) made with the expectation of reliance thereon; (3) the promisee in fact reasonably relied on the promise; and (4) detriment of a definite and substantial nature was incurred in reliance on the promise.

The new employer was aware that the offer would induce you to give notice. Therefore, while their offer of at-will employment is rescindable, because they knew you were going to give notice, they may be liable for your damages for putting you in this position.

While there is no requirement that you retain an attorney, equitable remedies always involve complex litigation and retaining experienced counsel is strongly recommended. If you need help finding a local litigation attorney, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

MARTINDALE. COM

It is a huge worldwide database searchable by location and specialty.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Employment Lawyer: Loren, Lawyer replied 7 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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