Refusing an offer and accepting another one (CA)

[itisthumper]

Originally Posted by Chyvan

No, because it was never an offer in the first place. When you declined the job, what you really did was reject the employer's offer to participate in a drug test and background check.



You will have that opportunity IF the rejected employer reports what they might perceive as a "refusal" to EDD. If you even have to bother with telling your side of the story, then you can tell EDD, "the employer wanted me to submit to a drug test and a background check with the understanding that if they found them acceptable I would begin working there. It wasn't an unequivocal offer of employment, and I went with a different employer instead."

Is that true even if I said "I accept the offer"? The written offer was also sent to me but I didnt sign it.

I was also sent a form for:
NOTICE AND AUTHORIZATION FOR A CONSUMER REPORT, CONSUMER CREDIT REPORT,
INVESTIGATIVE CONSUMER REPORT, AND/OR DRIVING RECORD REPORT

I didnt submit the form and I believe this is what you are speaking of.

Originally Posted by Rabrrita

In your state, there are no "case managers". There are staffers who handle different issues within EDD. If you report a refusal (and I'm not sure this even meets the regulatory definition of a "job offer") the next person in rotation in the office that handles those issues, will have your issue handed to them and they will contact you if they need additional information. Just keep filing and monitoring your on-line status to see if anything changes.

Since you are in CA, there are state specific regulations pertaining to job offers for the purpose of background, drug and credit checks. You will receive an offer letter but that offer letter is not the same type of offer unemployment is talking about. So, you will read all sorts of conflicting items but as Chyvan mentioned, from EDD's point of view, a legitimate employment offer has no contingencies you must meet. If you pass the check and they remove any contingency, now that becomes the offer EDD is using

Understood. I can say I didnt refuse work.

[Chyvan]

Originally Posted by itisthumper

Is that true even if I said "I accept the offer"? The written offer was also sent to me but I didnt sign it.

Just because at the time you thought it was an offer, doesn't make it so. Now that you have been educated that offers can't have contingencies, it doesn't matter what you mistakenly believed. You refused the invitation to participate in a drug test and background check.

Now, it's possible that the employer might think it was an offer and they may or may not report the "refusal" to EDD, but we'll deal with that if it happens and comes back to haunt you. You are doing nothing wrong by not reporting it, and if the employer is successful at getting EDD to investigate, you are on solid ground that it was not an offer because of the contingencies.

One way to think of an offer is would you turn in letter of resignation based on the offer your received, or would you wait to be sure. If the later, then it's not an offer. Just because you don't use drugs or think that your record is clean, it doesn't mean that something can't go wrong at the testing lab or that someone with your same night might be confused as you. Good luck getting people to believe you when you profess it's a mistake.

I've been in a similar circumstance with a bank and an account where I was an authorized user. No matter how compelling the argument that my status as an authorized user did not obligate me to be liable for the account, all the bank could see was there was a delinquency, it dragging down my score, and they wouldn't budge until I fixed it, but by then, the damage was done.

[itisthumper]

Originally Posted by Chyvan

Just because at the time you thought it was an offer, doesn't make it so. Now that you have been educated that offers can't have contingencies, it doesn't matter what you mistakenly believed. You refused the invitation to participate in a drug test and background check.

Now, it's possible that the employer might think it was an offer and they may or may not report the "refusal" to EDD, but we'll deal with that if it happens and comes back to haunt you. You are doing nothing wrong by not reporting it, and if the employer is successful at getting EDD to investigate, you are on solid ground that it was not an offer because of the contingencies.

One way to think of an offer is would you turn in letter of resignation based on the offer your received, or would you wait to be sure. If the later, then it's not an offer. Just because you don't use drugs or think that your record is clean, it doesn't mean that something can't go wrong at the testing lab or that someone with your same night might be confused as you. Good luck getting people to believe you when you profess it's a mistake.

I've been in a similar circumstance with a bank and an account where I was an authorized user. No matter how compelling the argument that my status as an authorized user did not obligate me to be liable for the account, all the bank could see was there was a delinquency, it dragging down my score, and they wouldn't budge until I fixed it, but by then, the damage was done.

Makes sense. Thanks for the help!