If I recently was offered a position with a company that I worked for in the past but it was unexpectedly rescinded, do I have any legal recourse?
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If I recently was offered a position with a company that I worked for in the past but it was unexpectedly rescinded, do I have any legal recourse?
The manager actively sought me for this position. He called me to inform me the position was being offered to me and we discussed salary and benefits. He has since been transferred to another position within the company. Now, today, I find out that they are “going in a different direction,” by hiring a different person for this position.
Asked on October 16, 2015 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Generally, all employment is "employment at will" it may be offered, changed or modified, rescinded, or terminated at will by the employer. You would only have recourse if
1 You had an actual written contract guarantying the job then if you don't get the job, you can sue for breach of contract.
2 If there is no contract, if all the following apply, you may not definitely, but at least possibly have recourse
a To take the job offer, you had to leave an existing job or relocate
b The employer knew that to take the offer, you'd have to give up a job or relocate
c Knowing that you'd have to do this, they nonetheless made the offer
d It was reasonable for you to rely on the offer no warning signs and
e You did in fact leave the other job or relocate.
When all these factors apply, you can sometimes enforce non-contractual promises under the theory of "promisssory estoppel."
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