Legal Question in Employment Law in California

I was employed as a defense contractor in California for two years with the same government client. I am also disabled and the contractor company that I was representing hired me under a special government program called Ability One.

In December of 2021, I went on intermittent FMLA due to a worsening of my condition that causes my disability and my job performance suffered at times. I hold a Top Secret clearance and skill sets that are very hard to find.

Earlier this year, the services contract that I was working under was transferred to Deloitte and under President Biden‘s Executive Order 14055, I was offered a job in March in writing which I accepted. My start date was supposed to be July 25. All along , I was apprised of the successful background check and onboarding process which was going well according to Deloitte. In fact, during an introductory call with all members of the team as well as the interview with the Deloitte Director for the practice and the government division that I had been offered employment for said that the client was full of praise for all members of the team.

However, on July 21, one business day before the start of contract employment with Deloitte, the Director called me to say that they were rescinding my job offer because the client did not want me anymore due to job performance concerns. I must say that the client was unaware of my disability because my previous contractor company did not want to disclose my condition to the client. I was also a 100% remote employee, so my disability which is a movement disorder is not on display.

I have archived, written documentation of strong clues that Deloitte was probably made aware of the desire on part of the client to not have me any further on the Deloitte contract and this was perhaps known to Deloitte as early as April. However, due to the virtual impossibility of replacing me with someone else with the required credentials, I suspect that Deloitte did not want to tip me off , perhaps worried that I may quit immediately. The job market was great in the interval between March and July and I could have easily made the jump. Deloitte did post job vacancies for my exact job description and virtual remote location during this time. I don’t know if someone else has been hired to replace my position.

Based on the information given, do I have a case?

Respectfully

RKM

1 Answer from Attorneys

Related Questions & Answers

More Labor and Employment Law questions and answers in California

Looking for something else?