Can I bring action against a recruiter who falsely gave me a job offer in writing and caused me to lose my current job?

UPDATED: Oct 1, 2022

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Can I bring action against a recruiter who falsely gave me a job offer in writing and caused me to lose my current job?

I recently started a new job, after 3 months of searching and a multitude of interview. Recently, I was contacted by a recruiter for one of the other positions I interviewed for. they offered me this new position with a start date. I gave notice I my current job. As it turns out, the recruiter was not authorized to make the offer as the position is not ready yet. I am now at a point were my current employer has already begun the paperwork to end my employment and cannot rescind. Is there any liability on the recruiters part? Can I sue?

Asked on March 1, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The recruiter may be liable if he committed fraud--but fraud requires showing that he *knew* that he did not have authority and could not make the offer. If he didn't know that--if he thought he had the necessary authority, even if he was mistaken or it was later rescinded--he is not liable. Only a knowing lie by him would result in liability in a case like this.

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