Legal Question in Business Law in California

I recently quit a very rewarding job in order to accept a promotion with a different company who stated that my start date would be the first of the month. It is now the twelfth of the month, and I have not yet begun working. Not only do I not have a schedule, but the company does not seem to know when I will have a schedule for me. I work with children with autism, and the company states that they do not have clients for me because the state has not yet authorized services for my new clients, but I still feel that this is an unacceptable business practice, especially since I left almost 20 children and over $1k/week in order to take this job. Is this legal for them to do? Should I consider taking them into mediation and discussing my lost wages with a professional? Thank you in advance.


Asked on 6/12/14, 12:39 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You have a potential breach of agreement and potential fraud case to pursue. IF you can show there was an actual job offer on which you could reasonably rely, then you could seek your financial damages, lost wages, etc.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever evidence and sympathies there may be.

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Answered on 6/12/14, 5:04 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The outcome of any legal action you might take would be largely dependent upon the firmness of the offer made, and, importantly, whether and how the new employer made any attempt to cancel or rescind its offer of employment. I think any case you may have would be for breach of contract rather than fraud; fraud requires an intent to deceive and I think it unlikely that the new employer intentionally wronged you, although it may have accidentally or unintentionally made a serious blunder.

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Answered on 6/13/14, 9:08 am


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