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Old 03-21-2008, 02:08 PM
 
116 posts, read 412,802 times
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A friend of mine was so happy to get a great job offer after months of interviews. Finally he was going to get a salary that would meet his education and experience. In fact because he was going to make such good money at his new job he decided to take that trip to Asia he had always dreamed about. He asked if he could start the new job in 5 weeks which would give him the chance to wrap up his old job with a formal notice and take that three week trip to Hong Kong and China. Five weeks later he arrived at the new company to start work. His new boss came out of the office and looked shocked. Bob, didn't anyone call you, we cant use use, the funding was cut. Bob left in tears. He tried to get his old job back but his replacement had already been hired. He tried to get unemployment but was ineligible. He tried to sue but the attorney said he did not have a case. He was unemployed for months afterwords and still in debt paying off his Asian trip. True story!
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Old 03-21-2008, 02:11 PM
 
8,496 posts, read 27,472,997 times
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Quote:
Originally Posted by politically_correct View Post
He tried to sue but the attorney said he did not have a case.
If he has a signed offer letter with a start date and no one contacted him, he absolutely has a case. Without that signed offer letter, he has nothing.
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Old 03-21-2008, 06:44 PM
 
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,248 posts, read 22,441,647 times
Reputation: 3587
Quote:
Originally Posted by politically_correct View Post
A friend of mine was so happy to get a great job offer after months of interviews. Finally he was going to get a salary that would meet his education and experience. In fact because he was going to make such good money at his new job he decided to take that trip to Asia he had always dreamed about. He asked if he could start the new job in 5 weeks which would give him the chance to wrap up his old job with a formal notice and take that three week trip to Hong Kong and China. Five weeks later he arrived at the new company to start work. His new boss came out of the office and looked shocked. Bob, didn't anyone call you, we cant use use, the funding was cut. Bob left in tears. He tried to get his old job back but his replacement had already been hired. He tried to get unemployment but was ineligible. He tried to sue but the attorney said he did not have a case. He was unemployed for months afterwords and still in debt paying off his Asian trip. True story!
The attorney was full of crap. He had a valid contract with the new employer. His loss of his old job is "consideration" on which he acted upon an offer that was accepted. He needs to find a lawyer that actually passed Contracts 1!
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Old 03-21-2008, 06:46 PM
 
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,248 posts, read 22,441,647 times
Reputation: 3587
Quote:
Originally Posted by Sassberto View Post
If he has a signed offer letter with a start date and no one contacted him, he absolutely has a case. Without that signed offer letter, he has nothing.
It does not need to be in writing. If he can prove offer and acceptance and no contact was made, he has a case. Having it in writing makes it easier. The only contracts that have to be in writing are for real estate (Uniform Commercial Code). (gosh that year of law school does come in handy).
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Old 03-21-2008, 07:51 PM
 
116 posts, read 412,802 times
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Default He has no case

Quote:
Originally Posted by Sassberto View Post
If he has a signed offer letter with a start date and no one contacted him, he absolutely has a case. Without that signed offer letter, he has nothing.
I talked to an Employment Lawyer I knew regarding this situation. My friend has no case. They could have fired him after 10 minutes after starting employment under the "employment at will" rule. He has no case. (He signed an offer letter but that is no contract guaranteeing anything!)
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Old 03-21-2008, 07:55 PM
 
8,496 posts, read 27,472,997 times
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Quote:
Originally Posted by politically_correct View Post
I talked to an Employment Lawyer I knew regarding this situation. My friend has no case. They could have fired him after 10 minutes after starting employment under the "employment at will" rule. He has no case. (He signed an offer letter but that is no contract guaranteeing anything!)
Ridiculous. I have worked for companies where employees have been fired for cause and successfully sued and won.
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Old 03-22-2008, 05:25 AM
 
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,248 posts, read 22,441,647 times
Reputation: 3587
Quote:
Originally Posted by politically_correct View Post
I talked to an Employment Lawyer I knew regarding this situation. My friend has no case. They could have fired him after 10 minutes after starting employment under the "employment at will" rule. He has no case. (He signed an offer letter but that is no contract guaranteeing anything!)
That is true. They could have fired him the very first day BUT that is NOT what happened here. Courts do not rule on what "could have been done" but rather what was done. What was done here was a case of offer, acceptance and consideration. That is what makes up a contract. I would talk to another lawyer if I were him. Like I said he must have gypped school the day the taught Contracts 1 and "promissory estoppel" because that is what this is. Although differing courts have ruled different ways on similar cases to his, the case law such as Goldstien vs Unilever and Bower vs AT&T are there.
If an offer was made to him and there were no falsehoods in his resume and he did not fail a physical or drug test prior to employment, he has a case. You just have to find a lawyer that actually likes to practice law and is not lazy. The only question to me would be damages. The employer might argue that if they had hired him and fired him the first day as opposed to recinding the offer, his damages might be limited.
If you want to read the legal theory: Estoppel - Wikipedia, the free encyclopedia
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Old 03-23-2008, 07:26 PM
 
Location: Seattle, WA
1,368 posts, read 6,137,919 times
Reputation: 542
Uhmm.

At the very least he would get unemployment. And yeah, if he has an offer letter, and no notification... he has a very valid case.
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Old 03-24-2008, 05:36 AM
 
116 posts, read 412,802 times
Reputation: 84
Default Employment offer letter not a formal binding contract

Quote:
Originally Posted by Radek View Post
Uhmm.

At the very least he would get unemployment. And yeah, if he has an offer letter, and no notification... he has a very valid case.
He could not collect unemployment because he was not laid off or fired from his last job, he quit and thus became ineligible for benefits. He had to use his savings and credit cards to survive.
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Old 03-24-2008, 05:44 AM
 
6,764 posts, read 20,556,669 times
Reputation: 4740
One time my husband had a job offer and then they called him back a few days later and said, "Um, uh, you weren't the guy we wanted to hire..!"
That was during a bleak time in his hiring days. The stories I could tell about that time...



I really hope some of these people wind up on the other end of the desk someday so they know what it's like to mess with people & their lives.
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