Wht to do if an employer rescinded a job offer after I quit my other job?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Wht to do if an employer rescinded a job offer after I quit my other job?
I was working full-time days at 1 company and every other weekend 3rd shift at another. I applied for a full-time position at the second company. I was told that I got the job and I was on the next week. I quit my other job. I was then told 2 days before I was supposed to start, that I actually had not been given the job. Corporate overroad the hire due to someone else having more seniority. I am now stuck with a scheduled 8 hours a week. I also purchased a car right before I left and the bank thought I was going full-time immediately. Now I have a good chance of losing the car whether I can pay for it or not. Is there anything I can do?
Asked on October 15, 2012 under Employment Labor Law, Wisconsin
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
From what you write, this may well be a case where promissory estoppel applies. This is an equitable remedy that a court can invoke to prevent an injustice. It allows someone to enforce another's promise (or representation) even if there is no actual contract (or agreement). Yours might be such a case. The key issue would be if the employer who has withdrawn the job offer knew, or should have known, that the you were quitting an existing job. The elements of detrimental reliance (also known as promissory estoppel) are:
- Person A made a factual promise (or representation) to Person B;
- It was reasonable for Person B to rely on the promise;
- Person B did something to his detriment based on the promise;
- Person A either knew or should have known that person B would do what they did.
From the details that you have provided, you may want to consult directly with an employment law attorney and go over the specifics of your situation to see if you have a legal claim worth pursuing.
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.