What to do if I was laid off with no warning?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was laid off with no warning?
I am 18. I was working for a woman as her nanny for about a month. Then over a text message she told me that she has to decline my care for the forseeable future because of a family emergency. I asked her questions, such as how long and tried to discuss it, but she has not contacted me back for a week. When I started working for her I was also working a 2nd job. She told me that she needed me to be dependable and needed my 110% focus. She said I could quit my 2nd job because I would be stable with the income that I would receive from her. So I did. Now, I’m without employment with notice not even face-to-face contact. One text message and that was all. Is this legal?
Asked on June 21, 2012 under Employment Labor Law, Vermont
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Typically, in an "at will" employment arrangement, an employee can choose to work for a specific employer or not and can quit at any time. Conversely, an employer has agreat deal of discretion in setting the terms and conditions of employment and can terminate an employee for any reason or no reason, with or without notice. This can be done, face-to-face, in a letter of termination, or (as in your case) by text message. So unless there was a controlling agreement providing otherwise (such as an employment contract), your discharge was legal.
However, you may still have some legal rights here. There is something in the law known as "detrimental reliance", also known as "promissory estoppel". This is an equitable remedy that a court can invoke to prevent an injustice. Yours might be such a case.
Detrimental reliance allows someone to enforce another's promise (or representation) even if there is no actual contract (or agreement) in the following circumstances:
- 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.
So (as in your case) if you employer made a credible job offer with the proviso that your give up other employment and you did so based on the representation that you would have a stable income for the foreseeable furure, then may be able to hold the employer liable for your lost income incurred as a result. From the details that you have provided, you may want to consult directly with an employment law attorney and go over the details of your situation to see if you have a legal claim and one 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.