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Regarding a job offer made to me, accepted, while

Regarding a job offer...

Regarding a job offer made to me, accepted, while contingencies were (successfully) completed within the stated timeframe, told at last minute that job was cancelled as the result of a review completed that morning. the contingent drug screen and DOT physical was marked incomplete - clerical error - and I believe created a belief by the employer that I smoke marijuana, resulting in their desire to rescind. however, completely on my own I cleared the error, provided appropriate and correct(successful) results to all parties. I accomplished this in hard copy and within their systems, all within the contingent timeframe of the offer. i was told on Monday that my inaction disqualified me but i could fix it on my own. I was told on wednesday that i had until saturday or i would be eliminated. when i updated them on my status and demonstrated it would be done, i received a message that the position was cancelled as result of a review done that morning (Thursday).

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

Colorado

Lawyer's Assistant: Has anything been filed or reported?

No. this was this week, and the date on the offer letter is today. i completed all the contingencies and they were in their systems by thursday afternoon.

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

I am willing to negotiate a different set of either part- or full-time hours, although i have not stated that to them yet. also, the position was re-posted when they believed i was not taking action per the incomplete status, then removed after they told me it was cancelled but not until i pointed out it was newly posted again.

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Answered in 1 day by:
3/5/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,900
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

What can I answer for you? I see what you've written but I don't see a question listed.

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Customer reply replied 1 month ago
Is it legal to cancel a job or did we have a contract they must fulfill? Do I have a case if I were to sue?

You didn't state that you had a contract with them, so therefore there is no contract they must fulfill. In addition, with at will employment they are free to hire or not hire whomever they choose unless it's done for a discriminatory reason (and failing to hire someone who they thought - mistakenly or otherwise - failed a drug test is not a discriminatory reason).

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Customer reply replied 1 month ago
If they post another, same or similar position, what expectation can I have to be given that job, given they stated the reason was only that this one was simply cancelled? And, if so, within what timeframe would such an expectation still be reasonable?

You would have no expectation to be given that job since they may decide to give the job to someone else entirely. There is no timeframe during which it would be reasonable to expect a job to be given to or held for you unless that promise have been made to you.

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Customer reply replied 1 month ago
Thank you

It's my pleasure. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

Olivia Kent
Olivia Kent, Attorney
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Satisfied Customers: 2,900
Experience: Partner at Kent Law Group, LLC
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