Can I sue if I accepted a job offer but the company changed its mind?

UPDATED: Oct 1, 2022

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Can I sue if I accepted a job offer but the company changed its mind?

The company I work for is being bought my another company. They offered me a job at the new company and i accepted now the new company has decided I’m not needed even before we started there. I have turned down other offers in lieu of that position. Do I have a case to file a lawsuit?

Asked on September 15, 2018 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you don't have a case, unfortunately, unless you had an actual written employment contract for a definite duration (e.g. one-year) which they violated. In the absence of such a written contract, all employment in this country is employment at will. That means, among other things, that an employee may be terminated at any time--even before the job starts. Since the company has the legal right to terminate at any time, there is no claim against them, and they are not liable, when they do terminate employment (or withdraw an offer). There is no liability for doing what you are legally entitled to do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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