Legal Question in Administrative Law in California

Job

what happens if an employee hires you and then changes their minds after you have signed the job offer letter?


Asked on 12/04/07, 4:21 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Job

Nothing except you don't get the job. IF you relied on the offer and moved your residence long distance to take it, then you have a claim for those expenses and damages. If that's the case, feel free to contact me for legal help.

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Answered on 12/04/07, 4:46 pm
George Shers Law Offices of Georges H. Shers

Re: Job

Your future employer has breached a contract of employment and is clearly liable if after you agree to all the terms of the job they then refuse to employ you. But what are your damages? Since California is an "at will" employment state an employer can fire an employee without reason, as long as it is not because of improper discrimination or violation of public policy. So you could be fired the day after your first day on the job.

You have to show some type of economic damage. You left your previous job and can not get it back, you have moving expenses,you bought materials solely for usage at the new job, etc. If you have those losses, are they large enough to justify the time needed to get compensated? If you work in a small community of employers, will your rocking the boat result in your being hit by the water?

In general, what happens is there is a very irratiated potential employee who may badmouth the future employer but gets no compensation.

Sorry, but the Law does not punish bad behavior or rudeness.

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Answered on 12/04/07, 5:31 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Job

I agree with both answers. Whether you are entitled to any damages depends upon whether you sustained any damages and can prove them in court. You didn't get any pay, but on the other hand you didn't perform any services, so that part of the deal is a wash. You might get damages for moving expenses, and possibly other costs you incurred in reliance on the job offer, but it is not a suit that is likely to produce more in damages than it would cost to file and prosecute.

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Answered on 12/04/07, 7:51 pm


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