Hired but never put to work

Get Legal Help Today

 Secured with SHA-256 Encryption

Hired but never put to work

I was hired into a company. Filled or all the paperwork, turned in my 2 weeks notice to my other job. I was supposed to start 8-19. Then they put my start date off to 9-9. Then they put it of again but was suppose to call me last week foranother start date. I have not heard from anyone in a week. I’ve left multiple text, messages and emails for multiple people. Noone will return my call. Now I’ve been out of work work no pay for weeks soon to be a month. Can I do anything for compensation or am I just out of luck I live I FL the corporate office in NC. The job was a traveling position throughout the states. All enjoyment papers were filled and ready to go. I’m at a loss. Is there anything that I can do?

Asked on September 10, 2019 under Employment Labor Law, Florida

Answers:

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

Answered 1 year ago | Contributor

Unless this action vioates the terms of an employment contract that you may have entered into, you have no claim here. The fact is that most work relationships are "at will" which means that a business can set the conditions fo employment mch as it sees fit (absent some form of legally actionable discrimination). Accordingly, just a promise of work does not impart any legal liability on an employer if the offer is subsequently withdrawn. That having been said, if you did not have an employment contract but you did do something significant to your detriment in reliance on the promise of employment (such as resigning another job), then you could possibly still hold them accountable for their promise. The issue would be if this employer knew or should have known that you were quitting an existing job. The legal basis of such liability is something called "promissory estoppel" or "detrimental reliance". To prove such a claim is must be demonstrated that there was: 1) a promise which was reasonable to rely on; 2) reasonable reliance was in fact made on that promise; 3) in reasonable reliance, you changed your position to your detriment; and 4) the employer knew (or should have known) at the time they made the promise that it would be reasonable for you to change your position in reliance on the promise. At this point, you should consult directly with an employment law attorney who can best advise you further.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Unfortunately, unless you had a written employment contract for a set period of time (e.g. a one-year contract) with a firm start date which has been violated, you are out of luck. (If you did have such a contract, you could bring a "breach of contract" lawsuit against them to enforce its terms.)
In the absence of such a written employment contract, all employment in this country is "employment at will." That means, among other things, that an employer can terminate you whenever they want, with no notice or warning--and that in turn means they can legally "terminate" you even before you begin, by simply never starting you. They are also under no obligation to speak to you or give you an explanation of what occured.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption