Do I have a possible case regarding wrongful employment ptractices?
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Do I have a possible case regarding wrongful employment ptractices?
I work in a school and applied for a different position. I was then offered that position. This must be approved by the board. On the day of the board meeting, I received a call saying that I would not be approved. I was told the reason was that someone called and said I was mean. After being strung along all summer, the position was given to an outsider.
Asked on August 22, 2019 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unfortunately without protection under an employnent contract or union agreement, you have no claim here. Typically, a mere promise does not constitute an enforceable contract. The only recourse you may have is under the legal remedy of "promissory estoppel" a/k/a/ "detrimental reliance". This applies when one party has a legal duty to fulfill obligations under the terms of a contract (written or oral) in order to prevent the other party from experiencing an unjust loss. The key issue is if the employer who has withdrawn the job offer knew, or should have known, that you were doing something that would have you suffer a losssuch as quitting your job relocating, etc. In order to prevail, 5 elements must exist: (1) a promise was made; (2) actual reliance on the promise; (3) such reliance was reasonable; (4) the reliance caused a detriment (i.e. harm was suffered); and (5) an injustice can only be prevented by enforcing the promise. At this point, you may want to consult directly with a local employment law attorney who can best further advise you after reviewing all of the details of your situation.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unfortunately without protection under an employnent contract or union agreement, you have no claim here. Typically, a mere promise does not constitute an enforceable contract. The only recourse you may have is under the legal remedy of "promissory estoppel" a/k/a/ "detrimental reliance". This applies when one party has a legal duty to fulfill obligations under the terms of a contract (written or oral) in order to prevent the other party from experiencing an unjust loss. The key issue is if the employer who has withdrawn the job offer knew, or should have known, that you were doing something that would have you suffer a losssuch as quitting your job relocating, etc. In order to prevail, 5 elements must exist: (1) a promise was made; (2) actual reliance on the promise; (3) such reliance was reasonable; (4) the reliance caused a detriment (i.e. harm was suffered); and (5) an injustice can only be prevented by enforcing the promise. At this point, you may want to consult directly with a local employment law attorney who can best further advise you after reviewing all of the details of your situation.
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