Is she an employee

[Lanersg]

What is the name of your state (only U.S. law)? CA
We interviewed someone twice, sent her a job offer two weeks ago . She accepted and sent us her W2, ID and we did a background check. All this week she was supposed to come in and every day (the morning of) she notified us she was not able to come in that day but would be in the next (45 minutes before she was supposed to be here). Yesterday she told us she would be in that afternoon, I sent her an email asking when she was coming in. No response, no one showed up. She emailed this morning and said that she thought she hit send and that we knew she wasn't able to work for us full time and wants to start Monday. At this point, her communication skills and her word have been severely compromised and we don't want her to work here. She did give her other position notice as far as we know. Can we be sued if we fire (or take back offer since she never actually showed up to work)?

Thanks you,

L

 

[cbg]

In the literal sense yes, since in this country anyone with a filing fee can sue for anything they want. I can sue you because I don't like your shoes.

But she would not be able to win such a lawsuit. Barring a legally enforceable contract of employment for a specific period of employment, which it does not sound as if she has, employment in 49 out of 50 states (and would be in all 50 states in this case) is at-will and can be legally termed by either party for any reason except one that is prohibited by law.

You are quite safe in rescinding the offer. If she gave her other employer notice but did not show up with you when she was supposed to, too bad so sad but you have no liability.

 

[adjusterjack]

Can we be sued if we fire (or take back offer since she never actually showed up to work)?

I would not say fired, just something that she failed to show up so the offer is rescinded. Make sure you do that in writing.