Can we take legal action against a medical company for making a mistake in the hiring process that has now cost my husband his job?
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Can we take legal action against a medical company for making a mistake in the hiring process that has now cost my husband his job?
My husband did a medical screening to reinstate with department of corrections. They addressed the issues he needed to take care of, which he did. The hiring process progressed, he was formally hired, and scheduled to start Monday. Now, they called this morning saying a mistake was made and his blood sugar is too high and he needs A1C test and will likely delay his start if not completely lose him this job. Meanwhile, he has already resigned from his previous job, bought uniforms, and was ready to start in a few days. His previous position has already been filled.
Asked on November 30, 2011 under Employment Labor Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your husband should consult with an employment attorney--he may have a cause of action for compensation or reinstatement. When party A makes a representation (promise or statement) to party B, to induce B to do something, and it is reasonable for party B to rely on that statement, and in such reasonable reliance, party B does things to its detriment, which party A should have known or anticipated, then A may be obligated to honor its representation.
In this case: the employer represented that your husband had a job, in order to get him to accept it. If he was employed at the time, it was foreseeable that he'd quit his current job; it may also also have been foreseeable that he'd spend money on uniforms, if they are required. It was most likely reasonable for your husband to rely on the representation he had a job. Therefore, in reasonable reliance on a representation, he took actions to his detriment. This might make the promise of a job enforceable. From what you write, it is worth consulting in detail with an attorney about this matter. Good luck.
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