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Rescinded job offer from company based in New York - I live in North Carolina North

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  • Rescinded job offer from company based in New York - I live in North Carolina North

    Hi
    On 12/14/15, I received a verbal job offer from a company. I had worked for this company until Sep 2015, when my job was eliminated and I was let go. The company is head quartered in NY but I worked in NC. I applied for this job twice - once on 9/4/15 and then again on 12/11/15. The first time, no job offer was made. The 2nd time, I received a call from HR offering me the job. We went into detail about the job and the pay. Since I had already worked for the company, there was a question on whether or not I would have to complete a new background check but have completed those several times, so there was no issue on my end.

    At the time of the offer, I was working a temp job. The day I was offered the position, I told my current employer (the temp agency) that I had received an offer and had accepted it. I didn't officially give a notice but was informing them that I would most likely be leaving the job within the first 2 wks of Jan 2016.

    Late on Wed 12/16, I received an email from HR stating I needed to call them. I called on Thurs 12/17 and was told the offer was prematurely given - not that he had been rescinded (I asked several times if that was the case and the HR person said no). HR did say that I needed to interview with the site manager but since I had already been doing this job when I left, and that the interview with the site manager was just a technicality. I then received an email from the hiring manager that HR had "jumped the gun a bit".

    On 12/31, I received an email from my temp employer that stated my job would be ending on 1/8/16. When I talked with the manager the next week, he said "I thought you had another job? I thought you would be starting with them soon?" I felt like an idiot - like I was trying to get this company to hire me or that I was lying.

    Over the course of 12/14/15 to 1/11/16, I didn't look for a job since I thought I had one. So I lost 4 weeks never mind losing the temp job.

    I have sent several emails to the hiring manager and HR about the job but the only response is, we'll let you know (1/10/16 - we're finalizing our decision, 1/19/16 - no updates). When I check the company's website, it says "Congratulations - You are at interview stage of our process. Thank you for your continued interest". Also, I let both HR and the hiring manger know that my temp job was and had ended.

    I was telling a friend about my woes and she said that I should write the company that hired me and ask them for compensation. But, since I'm technically still in the running for the job (per their website), I'm not sure.

    They have the same job posted in a different location and since I know the company, I'm 100% sure they are not hiring 2 people for the same job. I'm pretty sure they are just stringing me along until I find other employment and tell them I don't want the job so there is no legal issues.

    I would like to send them an email - not threatening legal action - but telling them that the job offer basically lost me the temp job and now I'm looking but nothing yet. It could be months till I find a new one. I look like a liar with the temp company - they won't even respond to my emails.

    Any suggestions would be greatly appreciated!

  • #2
    Restart your job search. I agree things were handled badly but they do not owe you any compensation.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Under the Common Law doctrine of "employment at will" either party can end the employment relationship without recourse, and this generally includes the pre-employment relationship as well. Practically speaking, you have no recourse.

      Now if you want some theoretically possible recourse that has no practical value in the real world, it is called "Promissory Estoppel". Your argument is that you took the other parties word as meaning something and were damaged as a result. The problem is there is a ton of case law saying the employment-at-will trumps PE. Any lawyer who takes your case will want to be paid in full up front since there is no real chance of winning. Even in CA, which has one of the very few pro employee PE cases (Grouse). But the facts in that case were much more extreme that what you describe, and the whole rest of the country still had a hissy fit when that case decided.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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