Any advise on earnest money after cancellation?

[Dan Lee]

Hello everyone,

I recently got in contract with a house then my lender told me his underwriter didn’t like how short of time I worked at my current job. At first I was preapproved for the house amount and more if I wanted to look for more expensive house. Then few days before closing the underwriter told my lender that she didn’t like how short I’ve been working. I’ve only been at my current job for 2 months and she wants at minimum 6-12 months. So I was denied for my approval and the seller is mad because he has a contract on another house that apparently he was going to use the money from this house to pay for the down payment and other things. He refuses to give back my earnest money. What can I do to get the earnest money back? 
Also, our contract doesn’t state anything on earnest money as far as if the contract falls through or something of that nature. 

Thank you, 

Daniel Lee