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  1. #1
    Join Date
    Jun 2005
    Posts
    2

    Default Possible breach of contract and deffimation of character

    I recently applied for an assistant manages job where the short of the story is that I applied online, they contacted me, I went through 3 interviews including an 8 person panel interview which included 8 store managers , a District Manager and an employment hiring person they all had access to my application. They offered me the position, discussed how much i was going to make , vacation, insurance etc and they asked when I could start , i put my 2 weeks in my other job.. got my work schedule and then the day before I left my other job they called me in to tell me they were resending thier offer cause I falsified my application. I have NO Felony convictions on my record. I put that I had none.. but I did have a DUI that I did not put cause it was 9 years ago and wasnt a felony...

    Do I have reason to sue here?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Lost Job Due To Criminal Record

    You do not have grounds to sue for defamation if the only person they spoke with about your situation was you. To be defamed. the false statement must be made to a third party.

    If in fact the only reason they terminated their offer was that you had supposedly lied about having a felony conviction, and you don't have a felony conviction, you may have a claim against them in relation to that termination. But it isn't clear from your account whether they specifically accused you of lying about having a felony record, or if you are assuming that they think your drunk driving conviction was a felony - some jobs, for example, also ask about driving history. You should consuld with a plaintiff-side employment lawyer in your state about the case.

  3. #3
    Join Date
    Jun 2005
    Posts
    2

    Default Background

    I understand the part about more then one person being told about what had happened with me . I belive that is that case cause there were several people involved that I am almost positive the manager had to share the information with.

    As far as the felony issue, When i was sat down to be told they were resending their offer the manager mentioned it was cause of my background. It states on their application" have you ever been convicted of a felony in the last 10 years?" thats the only question they ask. They answer is no and I put that down. Ive never put my DUI down casue its been so long ago and it has nothing to do wih my job.

    Again, I don't think that it an employer can treat me like they did and offer a job and suggest that I put my 2 week notice in and then the day before I am supopse to leave my job after having thought I had this new one all along, after all kinds of managers having my application for almost a month they decide they want to resend their offer.. I believe Im in the right here..

    Let me know
    Thanks

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