Legal Question in Business Law in California

Can employer withdraw the offer that is already made?

A poor joke at public place led me to the conviction of misdemeanor - false bomb report, year and half ago. Recently, at the interview, I revealed it on application form and also explained it to hiring manager at the end of interview. Hiring manager got convinced that it was a mistake and not a crime and he promised me to personally fwd this info to HR. So, HR already knew that I have a ''record''. They decided to extend me an offer anyways and we decided joining date. I signed the contract.

HR team says they need to review my matter and asked me not to join until they get back to me. 2 weeks past the original joining date and they are saying they are still reviewing. I am leaving my current employer next week as I already resigned.

Company Products: Medical device manufacturing.

Position I applied: Software quality assurance engineer.

Criminal Conviction: Misdemeanor - false bomb report.

How are the chances that they might be able to use my criminal background info to deny the employment? How possibly can they relate my conviction to my job function? If they deny, are they required by California law to notify me in writing that they are denying the employment? Can I bring them to court to justify the reason for denial?


Asked on 6/06/03, 4:18 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can employer withdraw the offer that is already made?

Unless there is some other reason that your employment contract would be unenforceable, or there is some undisclosed fact here, it looks to me as though the employer is in breach and could not defend on the basis of the conviction, since they knew about it. Your remedy, however, would be money damages for whatever harm you could prove, and that would depend upon the breached contract. If it provided for employment "at will," you would have been subject to discharge on short notice, so your damages would be rather small.

Finally, I note that your question is captioned in terms of withdrawal of an offer. Contract law allows the maker of an offer to withdraw the offer at any time before an effective acceptance (at least in most situations). The foregoing answer assumes an accepted offer. If you hadn't accepted, the employer could withdraw the offer.

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Answered on 6/06/03, 5:25 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Can employer withdraw the offer that is already made?

They got you to sign the employment agreement before them, and as far as I can tell, they have not yet signed the agreement. As a result, you have no job, yet. They may not hire you, if they chose, and you would have no recourse. On the other hand, they may hire you. Probably you should be patient, or contact them and ask where you stand.

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Answered on 6/06/03, 7:20 pm


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