QUESTION
Am I legally allowed to ask for evidence against me as to why a job offer was retracted?
Asked on Aug 29th, 2012 on Labor and Employment - Florida
More details to this question:
I received a job and then a client at the facility claimed that I threatened her and she did not feel comfortable working with me as a counsellor at the facility. The Human Resource department then told me they had to look in to the accusation and see if it was truthful. They claimed that it was and they retracted the job offer. Due to confidentiality, they state I am not allowed to know what proof this person had.
8 ANSWERS
That's TYPICAL management B.S. Inform them that you can have access to you files per MI law. Also inform them that you're entitled to "confront" your "accuser." Then say that you'll get all the information you need when you sue them in the "discovery" process.
Answered on Sep 10th, 2012 at 1:11 PM
Dennis P. Mikko
The employer would not have to provide you with any information other than what is contained in your personnel file.
Answered on Sep 07th, 2012 at 4:47 PM
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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California is an "at will' employment state, meaning you can be refused employment for no reason. The employer only has to say it changed it's mind on the job offer. The employer doesn't have to give any reason at all. IF the employer's client is there confidentially and doesn't want any client/physician communications revealed, that's the end. Doctor-patient communications are protected from any discovery actions. You don't want to work at such a facility any way, don't waste any more time on that position.
Answered on Sep 07th, 2012 at 3:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sadly, you will have to find another job, because you were offered a job, subject to additional investigation and satisfactory results, and the offer was withdrawn, generally does not give rise to a cause of action against the potential employer. If there was a party bearing false witness against you then you may have a cause against her, and you will have to prove the statements were false in fact and intended to harm you. Generally, in your situation that is is waste of time as the slanderer is uncollectible.
Answered on Sep 07th, 2012 at 2:35 PM
Yes, you may ask legally. But they do not have to respond to your request, and likely will not reply. You basically have no remedy at law.
Answered on Sep 07th, 2012 at 2:19 PM
Bruce A. Coane
You can certainly ask. Rarely, however, would the employer explain any further.
Answered on Sep 07th, 2012 at 10:58 AM
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If you are not in a union and had no contract with your employer they can fire you for no reason, they can even fire you for an incorrect reason they just can't fire you for a discriminatory reason (sex, age, religion, etc). So if you are an "at-will" employee they have no obligation to tell you why they fired you.
Answered on Sep 07th, 2012 at 10:44 AM
Not unless you file a lawsuit or a state or federal agency is making the request on your behalf as part of a formal investigation. It wouldn't hurt to ask, but a smart employer will not provide anything that could hurt it.
Answered on Sep 07th, 2012 at 10:38 AM