I just recently started a new job and they have done thing that send up a red flag. They hired me with out filling out an application and when asked they just wanted basic info. Also, in a phone conversation I was offer a position, sign and filled out the hr packet for that position and when I got to my location they had changed my position to a lower one. Also, they had my training in another location and stated we would be reimbursed for mileage, and it has been over two month.
The only question you asked was in the headline. I will try to answer is and then provide some guidance on the post, that contained different information but no questions.
As to signing an offer letter, if the employer wants to require you to sign an offer letter to be employed, then you need to sign it. You have a right to refuse, but the employer has a right to not hire you if you refuse.
The right to reimbursement is both contractual and statutory. You have three years to bring a lawsuit to seek reimbursement of expenses you experience for which the employer has an obligation to pay you. Short of that, your employer may have certain policies that require payment within a defined period of time. There are not defined time limits on the repayment of reimbursements. However, the law will imply a "reasonable time" limitation on the statutory duty to reimburse employees for expenses incurred.
Employer have no duty to use an application as part of the hiring process. I do not see a failure to use one as a red flag of anything.
While rude and unreasonable it is not unlawful for an employer to offer a position in a phone conversation and then present another position when you show up, unless you materially changed your position based on the phone representation, such as moving to a different residence or quitting a prior job based on the oral promise.
Good luck to you.
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I agree with Neil. Good luck to you.
Answering your question(s) does not establish an attorney - client relationship. The opinion(s) I have expressed are opinion(s) only and do not constitute legal advice. If you want legal advice, you should contact an attorney directly.
While unconventional and perhaps perceptually unprofessional, the hiring policies of the employer are not unlawful. The only issue potentially in play is reimbursement of reasonably incurred business expenses. The law requires that all reasonably incurred business expenses be reimbursed within a reasonable amount of time by your employer (Labor Code 2802). To facilitate the process, it would behoove you to submit a claim for reimbursement with receipts, so the employer has exact notice of what is owed to you. If the employer fails to reimburse you, you then would have a claim for failure to reimburse expenses pursuant to LC 2802.
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