If I recently got a job offer that was later rescinded and as a result I was put on probation with my current employer, do I have a case against the prospective employer even though I did not lose my job?

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If I recently got a job offer that was later rescinded and as a result I was put on probation with my current employer, do I have a case against the prospective employer even though I did not lose my job?

I faxed the signed offer to them and also filed my resignation at my current employer. My current employer asked if I can stay 3 weeks to do proper transition. I asked my prospective employer if that was possible. The next day I got an email informing me that they rescinded the offer without stating any reason. When I asked why, they said they cannot grant me the 3 weeks. I told them I could have started on the day they want if they told me the 3 weeks I asked was not feasible. But they didn’t me that option. When I told my boss the offer was rescinded, the took me back but put me on probation

Asked on December 29, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you do not have a case against the prospective employer:

1) One way to view what transpired is that you rejected the employment offer of starting more-or-less immediately and countered to the prospective employer with an offer to start in three weeks; counteroffers reject the original offer. In that case, there was no offer from the prospective employer on the table.

2) Even if it were viewed that you had already accepted the initial offer of employment, the fact that you asked to delay your start date would provide  grounds to terminate your employment (e.g. withdraw the offer), since you went to the prospective employer and said that you did not want to begin work immediately; indicating to an employer that you would have problems working the agreed-upon schedule  is grounds for termination.

3) Morever, an offer of employment generally does not form an actual employment contract unless the offer restricts the ability to terminate in some way--for example, it guarantees employment for a year. If this offer did not form an employment contract, you would have been an employee at will and could be terminated (offer withdrawn) at any time, for any reason.


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