I got hired on at performance to go work at exon in beaumont and they sent to classes 4 days in a row out of state i had to drive everyday from Louisiana. They said that i had the job at exon then after i drove my fourth day the told me that my background didnt go through and i couldnt work there. I asked them if they were going to pay me for driving and all the classes i went to and they said they were not.

  • Hello! Welcome to Law.SE. Please read our tour page. – isakbob Nov 1 '19 at 13:26
  • What about the class was required for the job? For example, if the company said that to do a certain job you needed a CPR certification and you decided to get that certification that might be treated differently than if it was company-specific training. – George White Nov 1 '19 at 19:16

Can i sue my work for false promises

Your description is not precise or detailed enough to identify whether there is an actual promise, a breach contract, or fraud.

What you reflect, though, is that employment was contingent on a successful background check. If that is the case, your awareness that the company would conduct the background check is highly relevant for ascertaining whether you have any remedies under the Fair Credit Reporting Act. For instance, whether the employer complied with the requisite disclosures or your right to verify and fix material inaccuracies in the report. See 15 USC 1681b (b)(2)(A) et seq.

Another relevant aspect is who paid for the 4-day training you attended (not the commuting expenses). If you covered the cost of training --which you apparently did--, it might be worth to identify any ulterior motive for the employer to require from you that training at the specific entity where you took it. This might unveil a tort of fraud and simultaneously be tantamount to a violation of state law. As an example, Texas might have a statute akin to MCL 408.478(1).

Although you mention Exon (or do you mean Exxon?), an important distinction is on whose payroll you would have been if hired. In other words, whether the official employer is Exon or just an intermediary on whose behalf you would work for its client Exon.

I asked them if they were going to pay me for driving and all the classes i went to and they said they were not.

The matter of commuting expenses is something you should have inquired of the employer, preferably in writing, prior to committing to the training and incurring the commuting expenses. As for the cost of training, see the third paragraph in this answer.

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  • 2
    Also probably a wage and hour violation for the unpaid training. – ohwilleke Oct 31 '19 at 20:01
  • How is Fair Credit Reporting Act relevant? – George White Nov 1 '19 at 19:08
  • @GeorgeWhite The FCRA contemplates consumer reports being used as part of a screening process for employment purposes. That is reflected in various statutes of the FCRA. In addition to the statute I mentioned, see also 1681b(a)(3)(B), 1681c-1, and 1681d(d)(2). – Iñaki Viggers Nov 1 '19 at 19:39

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