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A friend of mine interviewed for a job and after a long recruitment process, countless interviews and a very extensive background investigation, he was finally offered the job of his dreams. AFTER he got the formal offer letter he gave a formal letter of resignation to his current employer and finished up his two week notice. Much of his two week notice period was spent training another member of his team on how to do his job.
A few days before he was about to start his new job the new employer called and and said they had to rescind the job offer due to financial pressures and a reorganization. They were very sorry but the decision was final. Within 24 hours a formal letter came in the mail rescinding the job offer.
My friend went right to his boss and said the offer at the new employer had fallen through and he wanted to rescind his letter of resignation. His boss felt bad but said that would not be possible, you had made a decision to leave and we accepted your resignation. So at the end of the resignation period he was out of a job.
He went to the unemployment office to try to collect unemployment but was not successful because he had quit his job. He talked to an Attorney to sue the employer who withdrew the job offer but that went no where because the offer letter did not have the force of law.
I know someone who this happened to. The company that offered him the job said they called him by mistake..............they meant to call another candidate. He tried to rescind his resignation but was told "Sorry, you already resigned."
I would think that a good attorney could extract a settlement from the company that made the rescinded job offer.
Although I am only slightly familiar with contract law but the employee had a written offer.The employee performed his responsibility under the contract in resigning from the current employer. This would qualify as "consideration" on the employee's part. The employer failed to perform and is probably liable for damages.
I would strongly suggest this person consult a labor attorney. As much as I hate our litigious society, in this case the employee was harmed financially and is due compensation.
This company KNEW or SHOULD HAVE KNOWN its financial position/reorganization before extending a written offer. It would be very hard to defend their failure to perform and the financial damage to the employee.
I had been offered a job and I notified my current employer at the time. Later, however, the potential new employer notified me that the position would become a contract position with them. So basically, I would have worked as a contractor for a contractor to the primary client. I said no thanks, and with tail between my legs, told my employer that I had withdrawn my candidacy. A couple weeks later, they promoted me.
Doesn’t it depend on whether you are a good worker or if you have true value to the company?
I worked for one company and resigned for my own business. After five years in business; I sold my business and asked my old company if I could get my old job back. They took me back without any problems. I had a great production record and was very dependable.
With a tight economy; working records might not be enough to save a good worker today. Companies look at the bottom line and sometimes go for the lower starting pay.
Long ago, I resigned a contract position to take another contract position at a fortune 100 company, giving the standard 2 week notice. I showed up at the new job that morning, and the hiring manager looked at me like I was a ghost and said " did you get the VM this morning?". I didn't get the VM, because I already left the house early in order to give extra time to commute and make it to work on-time.
Ends up the final paperwork was not signed. They asked me to go home until the paperwork was signed, it should be any day. It NEVER got signed, as the higher ups did not approve the position, and would not sign the final paperwork as the hiring manager expected. I had called the contracting agency (the middle man that placed me into that job) the prior week to make sure that everything was all set and they said "all set to start Monday". Apparently, they never really checked to confirm whether all paperwork was signed, they were just going by the same start date that was communicated to me.
It all worked out perfect in the end. My former employer took me back.
Although I am only slightly familiar with contract law but the employee had a written offer.The employee performed his responsibility under the contract in resigning from the current employer. This would qualify as "consideration" on the employee's part. The employer failed to perform and is probably liable for damages.
Its been writen about many times by many lawyers on many employment law sites; A OFFER is not a CONTRACT. A Contract has legal standing if broken (although most are written by company lawyers who put wording in to reduce or remove their liability) but an offer is nothing and in a at-will employment situation, can be legally recinded at anytime just like actual employment.
This is a good lesson that you want to make sure there is certian contractual language in an offer letter so that you can collect at least 3 years worth of salery if they renig on the offer otherwise your up a creek without a paddle.
To bad most people wont do this and if your the one guy that does they will tell you to take a hike.
Its been writen about many times by many lawyers on many employment law sites; A OFFER is not a CONTRACT. A Contract has legal standing if broken (although most are written by company lawyers who put wording in to reduce or remove their liability) but an offer is nothing and in a at-will employment situation, can be legally recinded at anytime just like actual employment.
If the offer had been confirmed and accepted by the prospective employee in writing, my understanding is that this could indeed make a huge difference.
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