What to do if I received a job offer from a job agency to work for a 12 month contract andI did all the paperwork but then did not receive the job offer?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I received a job offer from a job agency to work for a 12 month contract andI did all the paperwork but then did not receive the job offer?

I received a job offer from a job agency to work for a 12 month contract with a bank. I did all the paperwork that was required and my initial start date was for the end of last month. I quit my job and relocated out of state to take the new position. I was ready to start but a week later I was told that there was no employment for me. The agency blamed it on the bank, stating that the background check did not come back in time. However I was told that all paperwork was received and that I was just waiting for the bank to advise on the start date. Can I sue the agency for misleading me and for quitting my job and relocating costs?

Asked on December 27, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If you received and accepted a job offer that did not have any qualifiers or caveats--that is, it appeared to be an offer for a job that was in fact available, where there were no contingencies or conditions to first be satisfied--then there was an employment contract, and you may be entitled to recovery (compensation) on that basis.

2) If there were contingencies or conditions (e.g. passing a background check), it may not have formed a contract at that point. However, you still might be able to recover under the theory of detrimental reliance or promissory estoppel: if the agency represented (promised) to you that you had the job, and it was reasonable for you rely on that promise; then if, in such reasonable reliance, you took steps to your detriment (quiting a job; relocating), that may be enough to make the promise binding, if the agency had some reason to know that you would do those things based on its promise (and if they knew you lived elsewhere and had a job at the time, they should have known you'd quit and relocate on the basis of a firm promise).

From what you write, therefore, there may be grounds to recover compensation from the agency; it would be worthwhile for you to consult with an employment law attorney to discuss the situation and your rights/recourse in depth.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If you received and accepted a job offer that did not have any qualifiers or caveats--that is, it appeared to be an offer for a job that was in fact available, where there were no contingencies or conditions to first be satisfied--then there was an employment contract, and you may be entitled to recovery (compensation) on that basis.

2) If there were contingencies or conditions (e.g. passing a background check), it may not have formed a contract at that point. However, you still might be able to recover under the theory of detrimental reliance or promissory estoppel: if the agency represented (promised) to you that you had the job, and it was reasonable for you rely on that promise; then if, in such reasonable reliance, you took steps to your detriment (quiting a job; relocating), that may be enough to make the promise binding, if the agency had some reason to know that you would do those things based on its promise (and if they knew you lived elsewhere and had a job at the time, they should have known you'd quit and relocate on the basis of firm promise).

From what you write, therefore, there may be grounds to recover compensation from the agency; it would be worthwhile for you to consult with an employment law attorney to discuss the situation and your rights/recourse in depth.


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