Legal Question in Business Law in Michigan

Letter of Intent

my sister rec'd letter of intent by a potential employer - she was employed as a manager at that time. She accepted the position per the Letter of Intent and terminated her position.She trained training for 4 weeks. She was then told she would be taking a test and if she did not pass she would not be hired. Nothing was said about a test or stipulations in the LOI. She rec'd a 93 out of 100 on her test and was told 95 was required to pass and they were letting her go. She assumed the LOI was a legal binding contract.

Sent: Monday, April 16, 2007 11:16 AM

Subject: Employment Offer

Susan,

This message is to confirm your employment offer for CiCi's Pizza. Your salary will be $36,000.00 per year. Your start date is Monday April 23rd, 2007. Your training will be two weeks in Battle Creek(crew member), and three weeks in Kalamazoo(management). Vacation is as follows: One week after one year, two weeks after three years, and three weeks after five years. Please let


Asked on 5/16/07, 7:56 am

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Letter of Intent

She assumed. Right?

Well, it seems to me pretty obvious that if there as a test at the end of training, the test was required for a continued offer of employment, although it sounds really fishy that a 93 wasn't good enough.

Most jobs are at will in Michigan and the real reason might have been something else. So long as it wasn't something to do with one of the protected categories, she's probably out of luck.

Have a lawyer look things over though, because a little investigation might find that it wasn't really the test at all, and the question would be whether normal practice was to give someone with such a close score another chance to take the test.

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Answered on 5/16/07, 5:32 pm


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