Can an employer changetheir mind after offering a job to someone?

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Can an employer changetheir mind after offering a job to someone?

Today I went for an interview and a demo lesson. They went well. After the lesson the assistant principal congratulated me and said the job was mine. He took my SSN and file number and asked me to come in early next year. Approximately 2 hours later the same AP emails me that after consulting with the principal, I do not have the job after all. No explanation was given. Do they have the right to do this?

Asked on July 11, 2011 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes an employer can change its mind after making a job offer to an applicant. And an applicant can sue in such a case. However, will the applicant win becomes the question. A person can sue a company that promised them a job that was later withdrawn. However, liability and damages must be proven. And doing so in this case seems to be an unlikely result for you from the facts presented. After all it was withdrawn on the same day as it was offered. Did you sign an employment contract with the company that promised you the job showing that you accepted it? Did you, in the interim, turn down other employment or quit existing employment on the basis of the offer? You did not indicate either to be the case. If you had you would be in a better position.


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