Can I sue someone who hired me and never followed up for training only to say they hired someone else?

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Can I sue someone who hired me and never followed up for training only to say they hired someone else?

I was told that I was hired, and was shown all the daily things I would be doing, and said to wait for a follow up phone call for a training appointment. Never called, and when I called him, he says that he has hired someone else because they were bilingual.

Asked on August 7, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically, a job offer or promise of a job is not enforceable, and also an employer may fire someone who lacks an employment contract at any time, even immediately after hiring. Normally, therefore, you would not have any recourse.

If all of the following are met, however, you may be able to enforce the promise of a job under the theory of "promissory estoppel"; if you think this is the case, you should consult with an employment law attorney about your situation.

1) The employer promised you a job.

2) In order for you to take the job, you had to do something concrete and significant to your detriment, such as leaving an existing job or relocating.

3) The employer knew or must have known that you would do that thing to your detriment, but knowing that, still chose to make you the job offer.

4) It was reasonable to rely on the offer (i.e. it looked like a good offer).

5) You did in fact rely on the offer to your detriment.


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