If you accept an offer from a hiring manager who leaves the company before you start, and the new hiring manager won’t honor the offer, what canyou do?

UPDATED: Jan 3, 2011

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If you accept an offer from a hiring manager who leaves the company before you start, and the new hiring manager won’t honor the offer, what canyou do?

I was offered a position at Company A by a sales manager on 12-20. I accepted the position and gave my employer two weeks notice. 1-3 was to be my first day starting according to the hiring manager. Unbeknownst to me, the original hiring manager is no longer with the company. I went to begin my first day today, and no one knew of my offer. I was given a card to talk to the interim sales manager. I have already paid for and passed a company required drug screen. If the interim sales manager does not honor the original offer, do I have a legal recourse?

Asked on January 3, 2011 under Employment Labor Law, South Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You may have a claim for breach of contract against Company A.  A valid contract requires an offer and acceptance which occurred here when you accepted the offer from the former sales manager.  Your primary argument for the existence of the contract and enforcement of the contract is your detrimental reliance on the offer of employment.  Detrimental reliance means a material change in your position which occurred here when you gave notice to your former employer and paid for the required drug screen in order to comply with the employment offer from Company A.

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.

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