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Company renegs on job offer - any recourse?

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  • Company renegs on job offer - any recourse?

    I recently moved cross country for a position I accepted in Maryland. The company did not pay for moving expenses. The position was to start as an independent contractor at an hourly rate and move to a staff position within several months per conversations with several executives and HR.

    I have an offer letter with my start date and wage rate and several e-mails confirming other details. I was assured that their was ample budget to support the independent contractor position. I accepted this job offer over two other permanent job offers.

    After the move, I was called by the company the day before my expected start date telling me that I should not come in and that they no longer could employ me, nor offer any compensation.

    I'm killing myself for accepting this job and trusting these people. Do I have any legal recourse at all? I continue to look for a job, but want to explore my options against the company as well.
    Last edited by burned06; 04-05-2006, 03:53 PM.

  • #2
    You will have to show the documentation you have to a local attorney. What kind of recourse you have will depend not only on that, but on the reason the employer pulled the offer. For example, their liability will be greatly reduced if between the time of the offer letter and the time they contacted you, something happened which they could not have anticipated (like losing a major client or having some funding pulled); as opposed to their having simply miscalculated something.
    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.


    • #3
      Also Burned

      I was recruited by a potential employer in a highly regulated business through an executive search firm. I underwent candidate screening through both the search firm and the principal. In both cases, I authorized in writing intensive and extensive background checks, my records from all sources indicated that I am competant and qualified, have no disciplinary or other ethical issues, and my references were excellent. I made full disclosure over the four months negotiation time of all prior and current matters that could have any bearing whatsoever on the decision to hire me.

      The potential employer eperienced a very challenging 2007 financially speaking. The writedowns were significant. Their response to this has been proactive and praiseworthy. It was not supposed to have any bearing on my candidacy, except for the better.

      My hire date was pushed back supposedly in order to help me obtain the benefit of a new series of contract issued incident to realizing the writedown.

      I received an offer letter and was told that my previous background checks had now expired, and as a matter of due diligence, would have to be performed again. I was also assured that this surely was a routine matter. Since I knew my records were substantially the same, except for a slight improvement in credit matters, I again signed the authorization. The offer letter gave a start date (with a typo- the year was backdated my one year), it listed salary, title, and a qualification that my start date was contingent on actually passing the background checks again).

      I was told to expect confirmation and an on-boarding email within the next week. Near the end of the first week, I checked in, and was told they were swamped, nothing had come back. I checked in again at midweek the following week. and the assistant referred me to her boss who had issued the offer letter.

      He called me at the end of the week to tell me they were rescinding the offer, and gave me masses of lame objections. He sounded like a customer trying to squeek out of an contractual arrangment due to internal emptional conflicts not related to the facts of the matter at hand-- buyer's regret. Among the objections was an allegation that my record checks had not really come back "clean." That is patently untrue. I also know for a fact that the company fairly frequently hires persons with records that are factually difficult, with many customer complaints, regulatory actions, and not necessarily stellar performance results besides.

      During the conversation, he invited me to contact him to discuss matters further. I felt it was appropriate to discuss this with the recruiter. We are both perplexed. We see one of three plausible scenarios: an erroneous result from a background check, or perhaps somebody was having a very bad day when contacted to discuss me and perhaps was overtly or subtly negative in the discussion, or I am being tested out to see how I handle the ultimate rejection.

      I was calm and as usual, mature and assertive during the conversation with the principal. I told him I would call since having been so open and patient, I am owed a thorough and factual explanation.

      During this process, I had to avoid establishing client relationships and making sales in order to not create unfinished business and potential conflicts of interest. I also turned down other offers since this firm was so assertive and assuring in its' pursuit of me.

      I am not sure I'd want to work in an organization that would cut the legs out from under me to test my mettle and resolve, if that is the reality of the situation. I am concerned that this also may negatively impact my chances of being hired as an employee or contracting as an independant, since I now have to disclose this result, too, and that they may place negative comments on my regulatory record. What should I do?


      • #4
        If you start you own thread and cut your post down by at least half, we will be glad to help.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


        • #5

          I will edit my original post, and start a new thread. The problem is that after I accepted and they confirmed, they cancelled (rescinded) the offer for lame reasons. So, I did not get the job, and it may have a bad impact on my future opportunities.


          • #6
            Potential Employer Reneges on Confirmed Offer Illinois

            New thread is called " Potential Employer Reneges on Confirmed Offer Illinois"


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