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I accepted a job offer as an outside sales rep, contingent…

I accepted a job...

I accepted a job offer as an outside sales rep, contingent on a drug screen and background check and was not told that my driving record had to be perfect in order to start work. I have a valid drivers license, social security number, no criminal record and passed the drug screen. I have a couple of violations and not at fault accidents and my license was suspended a couple of years ago due to an unpaid ticket my ex-husband said he paid but didn't', I paid it when I found out and my license was immediately unsuspended. I am also eligible for traffic school. I turned down other job offers and quit my current job. Now I am unemployed and starting my search over again. The employer. US Security Associates, does not want to discuss it with me, they are just telling me I have to wait for the letter from Sterling, the 3rd party background check company. Is there any sort of recourse I can take?

Lawyer's Assistant: Have you discussed the drug test with a manager or HR? Or with a lawyer?

I passed the drug test. They are rescinding my offer based on my less than stellar driving record.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

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Answered in 4 minutes by:
2/13/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,462
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately no, you would not have a recourse here. You had a contingent job offer, but even if it was an actual job offer, in employment law you can be terminated at any time, with or without cause. This is called 'at will' employment.

However, the employer here doesn't have to resort to at will employment. Instead, they use the contingent nature of the offer and your driving record as justification. Outside sales people drive a lot and the employer is liable for any accidents that they are in while they are driving. The employer here can legitimately choose not to take that risk.

While I do wish I could tell you differently here, the law is entirely in favor of the employer in this case.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,462
Experience: Employment/Labor Law Litigation
Verified
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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