Can you be turned down for a job after successfully completeing a drug test and passing a backround check due to nepotism?
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Can you be turned down for a job after successfully completeing a drug test and passing a backround check due to nepotism?
I recently applied for a position at a car dealership. During my interview the general manager asked me if I had an hour to complete a drug test at a specified lab. He told me that the test must be done that day. A week after the test was complete, I contacted him regarding the position. He then told me that even though I had a clean test and clean driving record (he also photocopied my license during the interview) that he decided to hire a daughter of one of the other employees. Do I have any legal rights in this matter? I turned down another offer during this timeframe.
Asked on April 5, 2012 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, you would not have any rights, unfortunately:
1) First, nepotism is legal--unfair, but legal. It is permitted to hire friends, family, family of friends, etc. instead of other qualified applicants.
2) Second, meeting the criteria for a job, passing any checks or tests, etc. does not create a right to the job.
3) IF the employer had actually offered you the job or promised it to you, and when doing so, had known you had other job offers, and in reliance on that promise, you turned down the other offer, that might give you enforceable rights under the theory of promissory estoppel. But if the employer never actually promised you the job, then there is no promise to enforce; and even if the employer had promised you a job, if he did not know you had another offer which you would turn down, his promise would not be binding anyway.
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