What are my rights if I filled out an I-9 with the owner of a company at an interview but later the offer ws withdrawn?
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What are my rights if I filled out an I-9 with the owner of a company at an interview but later the offer ws withdrawn?
He stated that I got the job so we filled out the appropriate sections. However, a week later, he reneged on the agreement, stating that I was only an applicant for the job. Can I take legal action?
Asked on April 9, 2013 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Employment is employment at will: that means that if there is no actual employment contract, an employer may generally fire an employee at will--or rescind a job offer. If you did not have an employment contract, therefore, the employer could most likely renege. The exception would be if all the following conditions were met:
1) To take the job, you had to do something significant to your detriment, like quit an existing job or relocate;
2) The employer knew that you would have to do that thing to your detriment;
3) Knowing you'd have to do that thing to your detriment, the employer nonetheless made the offer;
4) It was reasonable for you to rely on the offer (i.e. no reasons to think it was not a sincere offer); and
5) In reasonable reliance on the offer, you in fact did that thing to your detriment.
If ALL those criteria are met, you may be able to seek compensation in a lawsuit under the theory of promissory estoppel.
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