What is my legal recourse if I accepted job offer and booked a non-refundable air ticket but the offer was retracted a day later?
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What is my legal recourse if I accepted job offer and booked a non-refundable air ticket but the offer was retracted a day later?
My paperwork was processed. Ticket cost me $246.
Asked on June 17, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You could potentially sue to recover the value of the ticket under the theory of "promissory estoppel," since it appears that all the following criteria are met (which are necessary to make a promise enforceable):
1) The employer made a representation or promise to you, with the intention you act on it;
2) It was reasonable for you to rely on it;
3) To act on the promise, you had to do something to your detriment--like pay for air fare;
4) The employer knew or should have known you'd have to do that thing to your detriment--but made its promise anyway.
When these criteria are met, courts may legally enforce a promise.
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