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Can Employee Sue
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Can Employee Sue
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
My company hired a new employee. Gave him a signed contract and the keys to his new car. We told him to quit present job. Background check came back fine as did drug screening. The position requires a
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Forums » Topic Forums » General Forum » Can Employee Sue
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Can Employee Sue
posted at 2/10/2010 9:40 AM EST
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Posts: 1
First: 2/10/2010 Last: 2/10/2010 |
My company hired a new employee. Gave him a signed contract and the keys to his new car. We told him to quit present job. Background check came back fine as did drug screening. The position requires a four degree per our company policy. Somehow that question was never asked prior to our hiring him. So he didn't lie. We retracted our offer. The employee is upset stating that he was never made aware of the requirement and that he can do the job. I am fairly certian he has hired an attorney. Does he have grounds since he never actually quit his job? ANy info would be most helpful |
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Can Employee Sue
posted at 2/10/2010 9:57 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Can he sue? Sure. Anyone can pretty much sue at will. Will it go anywhere? Depends on the grounds. In your scenario, he apparently hasn't suffered any damages as a result of your actions so there's no cause of action there. If he's a minority and feels the 4 year degree is discriminatory, perhaps.
But you should always run these things past your corporate legal counsel just to make sure. |
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Can Employee Sue
posted at 2/10/2010 1:20 PM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
And I would strongly suggest revising your hiring policies to screen resumes/applicants for bonafide qualifications (after you review and confirm they are bonafide). And then requiring all interviewees to read over a job description that includes those qualifications needed to perform the job.
Whether this person has cause to sue, like Nork said....are their damages? Are you sure he hadn't given notice to their former employer? If it not formally, did he tell other employees who now know? |
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