Is it legal for an employer to hire me, but then not contact me back ever?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal for an employer to hire me, but then not contact me back ever?

I live in Delaware, but was recentley hired in Pennsylvania. I filled
out an application and filled out all paperwork that an employer
provides. EX Tax information, etc. Mid December of 2016 I was told my
start date would be January 2, 2017. I then gave my 2 weeks at my
previous job with my new employer knowing that. A couple days after i
was told my start date, I was told there was a better position available
for me then the one i was hired for. The employer then proceeded to say
he wasnt sure which side to put me on its 2 car dealerships connected
but he made sure to tell me that no matter what, i still have a job
there. I met with him numerous times, and recentely met with one of the
service managers on December 31st as well as the manager who ive been
speaking with and who hired me. I was told on the 31st that i would
definately receive a phone call from them on Monday 1/2/17 with my NEW
start date as well as the NEW position they decided for me that was
different from when i first spoke with them. I did not receive a call
from them on Monday so i waited until Tuesday and still nothing. I
called on Tuesday, and one of the employees informed me that the manager
did not ‘forget about me’ and will call me by the end of the night. I
never received a phone call. Its now wednesday and i still havent heard
from them.

Is it legal for the employer to completely ignore me and drop me after
knowing i gave my 2 weeks at my previous job and after meeting with me
numerous times, filling out new hire paper work, taking a pre employment
drug test which i passed. He would always make sure i knew that i have
a job there but they havent contacted me

Asked on January 4, 2017 under Employment Labor Law, Delaware


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

From what is written, if in fact the job offer has been withdrawn, you may have a case for "promissory estoppel". The key issue in such a case is if the employer who has withdrawn the offer knew, or should have known, that the prospective employee quit an existing job (or that they turned down a different offer). The elements of promissory estoppel aka "detrimental reliance") are: 1) a promise which was reasonable rely on; 2) reasonable reliance was in fact put on the promise; 3) in such reliance, the person changed their position to their detriment; and 4) the promissor knew or should have known at the time they made the promise that it would be reasonable for the promissee to change their position, in reliance on the promise, to their detriment.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption