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Should Everst College be unjust enriched by this plaintiff??

I went to Everst College to get a Pharmcay Tech License. At this time I did not know that if you have a criminal record you can not get a Pharmcay Tech License. The criminal backaround check said I had a criminal history. The school in order to get the money had me sign a notice and acknowledgement of criminal backaround check results form. they had me sign it. It said I wish to meain in the pharmacy tech program. As of today I do not have a job as a pharmacy tech. Is what they did to get the money legal??

Los Angeles, CA -

Attorney Answers (3)

Christine C McCall

Christine C McCall

Administrative Law Lawyer - Pasadena, CA
Answered

Do I understand the sequence of events here: you enrolled in the course and then found out that you had a criminal record that could defeat licensure in your field. You nevertheless decided to remain enrolled in the program and the school had you sign a statement acknowledging your receipt of notice about the criminal record.

If that is the sequence of events, you have no claim against the school. There is simply no conduct or action by the school in that statement of facts that constitutes a breach of any obligation to you, nor any act that constitutes any ethical violation.

It is not true that "any" criminal record will defeat licensure as a Pharm Tech. My law firm practices occupational and professional licensing law and we have obtained licenses for many individuals with the same problem as you have. It is true that there are some hurdles in obtaining the license, but if you are willing to put in the time, effort, and patience necessary to satisfy the Board's requirements, you can likely be issued a probationary license which can then lead to an unrestricted license. You can contact my firm for a consultation and you can also check out the Board's web-page.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
Joseph Hyunsung Lee

Joseph Hyunsung Lee

Education Law Attorney - Pasadena, CA
Answered

The fact that Everest College provided you with an education and the fact that you freely signed the waiver most likely defeats any claim you may have against the school.

Please note that I do not warrant that this is legal advice. This is not a solicitation for, nor is that an... more
Todd Bruce Kotler

Todd Bruce Kotler

Education Law Attorney - Massillon, OH
Answered

Are you saying you did not get to go to the classes? Did you earn the degree from the College?

If the teachers gave you the instruction promissed, the College has performed its part of the contract. Thus no unjust enrichment. No educational institution I know of promisses one a job just because they graduate.

This answer contains information intended only for the use of the individual or entity named above and may be... more

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