Lost my job due to an error on my degrees

I was working as a temp when the company asked me to become permanent after 4 months. The company HR expert, Insperity, gave me an application, they did a background check and found that their was an issue with my degrees, which I had received 20 years prior. When they called the college, Univ of Phoenix, they advised that I was enrolled but did not complete the degrees. I was advised by the company HR and that I had 7 days to resolve it, I asked what would happen if I didn't do it in that 7 day period, she told me not to worry about it and try to get it resolved. I contacted the school and they advised they needed to request the archives but had no idea how long it would take to obtain the archives. I did convince them to send an email stating that, which I in turn advised the company HR as well as Insperity. What was in question were 12 units that were no recorded from a school that is now defunct. I advised Univ of Phoenix that I would try to d a way to find those transcripts through another method. I did find a website that houses transcripts for defunct schools, I sent the request but it did say that they could take 10 days or more, which I had advised HR and Insperity. After a few days, I received a call from the temp agency I was contracted with and was told my contract had ended with the company.

I'm still waiting for Univ of Phoenix to resolve my degree issues and am now out of a job.

Do I have a case against Univ of Phoenix for causing me to lose my job?

1 answer  |  asked Dec 18, 2016 10:07 PM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
Based only on the information you provided, I do not see any case against the University of Phoenix. Evidently, the University's representative told you she or he had "no idea how long it would take to obtain the archives." The Univesity did not promise you it would obtain the transcript by a date certain and you had no basis to assume it would.

Additionally, even if you had provided the transcript immediately, the employer may have changed its mind about hiring you. It had the legal right to do so unless it made a firm promise to hire you upon receipt of the transcript within seven (or ten, or whatever) days.

Finally, even if the employer hired you, it would have had the legal right to fire you one minute later, except in limited circumstances. Unfortunately, employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information.

There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.thespencerlawfirm.com/pdf/tslf-at-will-california.pdf. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.

Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.

I am sorry you had to learn the harsh reality of employment law in this way.

posted by Marilynn Mika Spencer  |  Dec 19, 2016 3:45 PM [EST]

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