Can I sue an individual for a false job offer?

UPDATED: Oct 21, 2011

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Can I sue an individual for a false job offer?

My husband was contacted by 2 months ago and was offered the General Manger position of a golf course. He was offered $80K/ year with benefits of free health insurance and a truck. This person set my husband’s start date for 5 weeks ago. There were mant text messages and phone conversations with 1 meeting where my husband gave this man a voided check to have the pay checks deposited into. As of today, there is no money deposited.

Asked on October 21, 2011 under Employment Labor Law, South Dakota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

May I suggest that you put a freeze on your bank account asap.  Just to be cautious.  You have not stated whether or not your husband has started the job or is waiting to start the job.  Was the offer from some one who had authority to offer the position? A verbal contract of employment can also be known as an implied contract of employment.  It can absolutely be legally binding on parties.  Some contracts are not legally binding if they violate the statute of frauds, which is a law that says certain typed of contracts must be in writing to be valid.  Contracts to purchase real estate are those types of contracts.  But as long as there is an offer, an acceptance, the terms have been discussed, etc., then you may have the basis for a claim.  You have reliance if he quit another job to start this one too.  Seek legal help.  Good luck.

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 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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