Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I'm in CA so all employment is at will, you can fire someone or leave a company for any reason at any time--I think we don't have as much leeway for lawsuits here.
This is not an employment lawsuit. This is a contracts lawsuit. You absolutely should call an attorney who practices in contract law.
You should be eligible for UI and instead of letting the internet or your conscience decide whether you think you are eligible, apply for it and let the people who actually award it, decide.
Not sure about the legal challenge, but I would definitely go back to the company that offered you employment and ask for some sort of compensation. You relied on their "contract" (offer and acceptance letter) and now they are reneging. The "why" is irrelevant.
I would ask for a year's salary, and maybe settle for six months, during which time you will find another opportunity.
Don't be shy about fighting for what is owed to you. As for the change in jobs on your resume, and during interviews, the best course is to be honest. People will appreciate that, and while I would never hire someone on the "sympathy" factor, we have all been there, and showing a little compassion is not a bad thing.
Old job is toast. You might privately have a "conversation" explaining what happened, but probably best for both of you if you keep moving forward.
Don't panic! you got hired in a new field once; you can do it again.
This is not to defend the company or anything. But it's very likely that the offer letter would have stated nothing more than the fact that it's "at will" and either party can terminate the relationship. The fact that the relationship hasn't even begun is even murkier. They could have easily just let you start and fire you that same day.
And while I certainly feel for the OP in this situation. I don't see how he/she is "OWED" anything (unless something was specifically written into the offer letter).
If we turn this around, where the OP received another offer for 3x the salary. I don't think anyone would say "whoa, you need to stay with this first company". Nor would anyone support the company going after the OP for any "potential" loss of labor/revenue.
The bottom line is that this happens. And it happens to both sides. It's unfortunate. But it's reality.
At the very least I'd post it on Glassdoor to warn future candidates not to trust this company as what they did was despicable. That may end up being the best you can do, publicly shame and embarrass that company.
Social Media is an excellent way to bring to the forefront a company's slimy underside and expose it.
Being that a company has deep pockets, they can always litigate against the reviewer for slander, but the burden of proof is on them.
I'd say go ahead and post on Glassdoor. If your circumstances are extenuating, such as having a sick or disabled family member for whom you provide support for, you may even want to reach out to your local TV station's consumer advocate-type reporter to see if your story warrants airtime. If they run the story, even if they cannot help get your job offer restored, the public damage to the company is priceless.
This is not to defend the company or anything. But it's very likely that the offer letter would have stated nothing more than the fact that it's "at will" and either party can terminate the relationship. The fact that the relationship hasn't even begun is even murkier. They could have easily just let you start and fire you that same day.
And while I certainly feel for the OP in this situation. I don't see how he/she is "OWED" anything (unless something was specifically written into the offer letter).
If we turn this around, where the OP received another offer for 3x the salary. I don't think anyone would say "whoa, you need to stay with this first company". Nor would anyone support the company going after the OP for any "potential" loss of labor/revenue.
The bottom line is that this happens. And it happens to both sides. It's unfortunate. But it's reality.
A company doesn't just restructure on the whim giving it no opportunity to warn employees about possibly/probable looming changes.
It looks like mismanagement (aka typical management tactics) but perhaps they were hedging their bets while the potential need to restructure was investigated and thus continued with the strategy of going through the motions to employ.
Whatever, they should have built it into the plan that if the proverbial hit the fan, they could pay out anyone who got hurt by the process and got the law involved.
If not, or if they had preliminary contracts allowing them the right to renege then it is likely they were hedging while fully aware of their unstable position.
OP, something very similar happened to me around 1999/2000. I had a written job offer, resigned, and then during my 2-week notice period, my offer was rescinded because a merger had fallen through at the new company. Never had they said my offer was contingent on this merger going through. I did consider a lawsuit but the more important thing was "what do I do now?" I swallowed my pride, explained the situation to my current employer, and asked if I could stay on. It probably helped that I had stated -- quite honestly -- that I liked my job but did not want my boss' job for which I was being groomed and didn't want to waste their time training me. They agreed I could stay on and I did so until I found something else. I honestly don't remember how long it took because it was so long ago. I think it may have been a couple of months.
Your situation is different since you have already left. I think you are in a good position to let them know what happened and see if they would like to go ahead and have you start working on contract. That way you can continue to look for a new job while still earning some income. Seems like it would be a win-win for you.
I'm sorry that this happened, I know how much it sucks. Best of luck to you.
Had you signed a contract? I might consider talking to a lawyer.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.