Legal Question in Civil Rights Law in California

I've asked this question once before and I it was answered by somebody who didn't quite understand what i was asking

I applied at a Papa Johns as a driver about a month ago and was told I would be hired as soon as I filled out a new hire packet. I mainly wanted this job so I could get insured. I went out and got all the information they needed to hire me including car insurance. After all of this I was told that I would be hired as soon as all the paperwork went through. I was cleared within a week but then they told me that a driver came back so I'd have to wait. About a month later I was given a phone call saying that I was officially hired and I'd be put on the schedule next week. For the last three week I've been told next week and then they just stopped calling. So now I'm stuck with Insurance I can't afford and I spent a lot of my time and money running back and forth to the store and getting the paperwork I need. On top of all this the person who does all the paper was a former boss of mine when I used to work at Papa Johns a few years ago and I believe he has a personal grudge against me. After I was "Officially Hired", I was told that I needed to show the registration for the car I was driving. After it was faxed in I was told that there was a problem with it because I didn't own the car and there was a small bit of writing on it. I felt at this point that I was just being played for a fool because another Papa Johns manager said that neither of those things matter as long as the insurance matches the VIN for the car. I want to know if I should take any action at all or just let this slide.

The point the other person who answered my question missed was that I was not Licensed but not insured at the time of application and I was also not driving either

I have never driven a vehicle without insurance on the car or myself

I didn't start driving until they told me I needed insurance and after that point

I began driving.


Asked on 6/15/10, 9:03 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I'm sorry I misapprehended your original question. Here is some advice, and some pointers for your future career. You can take anybody to small claims court for up to $7500 without a lawyer, and you have nothing to lose. The filing fee is maybe $40, and it might cost you an additional $25-40 or so to have the lawsuit served on each defendant. The better organized you are, the better you will do in court. You can search the internet for how to successfully sue in small claims court. You are claiming you spent money and effort in reliance on a verbal promise of a job. Verbal promises are very hard to enforce in court. You should never assume you have a job, or spend money in reliance on the promise of a job, until you get an offer in writing, even for Papa John's. Conversely, if an employer won't put it in writing, you don't have a job offer. LawGuru is full of people who relied on verbal promises of employment and spent thousands moving across the country or whatever. You at least have the ability to drive for six months for what it's worth, and you learned something. Good luck in small claims court, and write back and tell me how it went. Also good luck getting another job.

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Answered on 6/16/10, 12:25 am


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