Hiring/Start Date Issues Nebraska

[ginger32160]

I have a quesiton that I hope someone on this board has an answer too. I was hired last week as a contractor to work at a firm in Omaha. The contracting company did a background check, etc and it all came back clean last week. I signed a contract with them to start work as of today (5/19/08). I was supposed to get a time to start etc., yet on Friday they said they had not recieved an ok for me start yet. Now, how can I have signed a contractuaral agreement to start today with the VP of this contracting firms signature with mine, along with the salary per hour and that the contract is a minimum for a year, yet now I have no idea when and if I can start work. I turned down two other jobs for this job. What are my rights? HELP please!

[Pattymd]

"Contract"? Are you being placed at the company through a staffing agency? It is very common for such agencies to have you sign that you acknowledge the details of the assignment; however, delays happen. Unless the agreement you signed rises to the level of an enforceable contract, there isn't much you can do. Only a local attorney versed in contract/employment law who has read the document in its entirety could provide an opinion on the document.

[ginger32160]

I just don't see how its legal too do this to someone. I have a signed offer letter and contract, yet I still have no idea if or even when I am to start now. How is it ok for a company to give you signed documents, that you in turn leave a job as well as turn other jobs down for, and thats legal? I guess i will need to find an attorney, and I guess the lesson for anyone here is that regardless of any signed documents, you can still be totally screwed anytime a company feels like it. I know in California this would not happen....just seems odd that in this state a signed contract and offer letter are not things that can be enforced. I mean, what's the point of getting these documents if they are not for protection against this kind of thing?

[Pattymd]

Don't rant at me. I already advised you to take the documents and get the advice of an attorney. What you have may or may not rise to the level of an enforceable contract.

And since you didn't answer any of my questions, I can't help you any further.

[ginger32160]

First of all, I was not ranting at you, but upset at the situation. I notice alot of posts on this board have people taking offense at questions not directed at them. Secondly, I did answer your question. It is a signed contract with a staffing firm. If this is common, again I don't see the point of signing anything. I did say I would find an attorney as I not only have a specific contract, spelled out in detail, but also an offer letter. I don't know how much more specific I can be. I just wanted advice, not a lecture. I thought someone else might have a suggestion. Now I am sorry I even asked. Thank you for your help anyway. I thought this board was for advice, not lectures. These situations are hard enough to deal with, and some sympathy and real help is what's needed.

[ginger32160]

Please disregard this question and all posts associated with it.

[Pattymd]

OK, I admit I did miss the part about this being a staffing agency and I apologize. Having said that, though, it is not uncommon with contract-type positions for circumstances to change at a moment's notice. And claims for detrimental reliance are generally inconsistent with temporary/contract positions.

Just as an example. I wanted to move to this area. I took a temp-to-perm position at a very low salary because of my desire to move here. I worked 3 days a week while I commuted 275 miles each way weekly while I found a place to live and coordinated my move. The day after I signed a lease 6 blocks from work (and this is a small town), and told the client (on the way out to what I thought would be my last trip back to my old city) I would be able to start work full-time on Monday, I was told that the client had changed their minds about making the position permanent. I had no legal recourse.

[cyjeff]

Let's take a step back here.

First, this site is not a support group. We try to answer dozens of questions a day about various and sundry aspects of the law.

Everyone has an emergency. Trying to get to them all sometimes means we have to be blunt in our questions and answers.

That doesn't leave a lot of time for hand holding.

Second, unless your documents reach the threshold of a contract - and only a local attorney well versed in contract and labor law can tell you that - you don't have any recourse whatsoever.

Even if you did... which I doubt... are you really willing to go to court against your new employer?

[frustrated_MA_employee]

Nobody here is looking for a support group. Nor are they looking to have their hands held.

Everyone who posts here should go by the golden rule. Treat others the same way you would want to be treated.

Take for example someone who has just been fired. That person just received some awful news and comes here for advice. Having sympathy for that person isn't going to change your answer but it might make it easier to hear. Try imaging that the person posting is your mother, father, sister, brother, son, daughter or best friend. The way you would tell them the same information as an anonymous poster would not be told with the same tone of voice.

Secondly, no one here is being forced to help others. If you don't want to do it with a kind, friendly attitude then why do it at all?

[ginger32160]

Thank you to all who have helped. I do appreciate any positive advice. I think this subject is now closed.