Liability for firing after hiring and giving notice.

UPDATED: Oct 2, 2022

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Liability for firing after hiring and giving notice.

I was looking for a better job as an automotive technician. I applied at a shop, spoke to the owner several times, and texted multiple times. He offered me a job over text, I accepted, and I told him that I was then giving notice to my new boss. Days later I contacted my new boss about my starting date and he said he did not need me anymore. He denied knowing that I was giving notice and did not want to talk to me anymore when I pointed out that he was told that in text. It took me six months to get another job.

Asked on October 20, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, the prospective employer is not liable for the harm (e.g. lost wages) you suffered. Employment in this nation is "employment at will." That means, among other things, that an employee may be fired at any time, for any reason--even before the job actually starts (i.e. retracting the offer or "changing their mind"). There is no right to a job; there being no right to a job, you have no basis to sue for losing it.

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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