If I was offered a job and accepted it and then told2 weeks later that the offer was rescinded, is the company legally in the wrong?
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If I was offered a job and accepted it and then told2 weeks later that the offer was rescinded, is the company legally in the wrong?
I was offered an administrative job at a hospice. They knew upon my application both that I was currently employed in the central part of the state and looking to relocate, as well as the fact that my mother also works for the hospice in a different department. I accepted the job, gave a 2-week notice at my current job, and relocated. Today I was informed by my would-be supervisor that the job was no longer available to me because my mother works there. My last day of work is tomorrow and I now have no job to go to, thus no source of income. Is there anything that I can do legally?
Asked on May 18, 2011 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should speak with an employement attorney; you may have a legal claim or cause of action. There are two possible theories:
1) Breach of contract: depending on the exact wording of the offer and the circumstances, it may be that the offer and your acceptance thereof created an enforceable contract to give you a job, which would be violated by rescinding said offer prior to employment.
2) Promissory estoppel: if the would-be new employer knew your were leaving and existing job to take the new job, and made you the offer to induce you to do so, and furthermore, based on the circumstances, it was reasonable for you to do this, it may be the case that the company is now estopped, or barred, from disclaiming its promise and not giving you the job.
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