Can I sue an employeer?
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Can I sue an employeer?
I received a job offer from State Farm contingent to background check and deug screening. I started the process and a couple of weeks later received a call from HR stating that I passed all the screenings and I was confirmed to start on 03/04/2019 and also received an email confirming that my job offer was finalized and welcoming me to the company. Now today I received a call from the recruiter stating that they over hired and where removing the job offer. Can I sue them? I left my previous job because I had this offer.
Asked on February 14, 2019 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
From what you write, you may have a case where the legal remedy of promissory estoppel applies. Detrimental reliance (as it is also known) applies when one party has a legal duty to fulfill obligations under the terms of a contract (written or oral) in order to prevent the other party from experiencing an unjust loss. In other words, it can be used to enforce a contract if an obligated party does not want to fulfill its responsibilities. The key issue in a situation such as yours would be if the employer who has withdrawn the job offer knew, or should have known, that you were quitting your job.In order to prevail in such a claim 5 elements must be proven: (1) a promise was made; (2) there was actual reliance on the promise; (3) such relaince was reasonable and/or forseeable; (4) the reliance caused a detriment (i.e. a harm was suffered); and (5) an injustice can only be prevented by enforcing the promise. At this point, you may want to consult directly with a local employment law attorney who can best advise yo further after reviewing all of the details of your situation.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you can't. Employment in this country, unless you had an actual written employment contract guarantying you the job for a set period of time (e.g. a one year contract, commencing on a certain start date). Therefore, since employment is employment at will without a contract, an employer may legally terminate someone, or withdraw a job offer, at any time, for any reason; and because they may legally do this, you cannot sue them for exercising their legal rights.
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