What are my rights regarding a rescinded job offer?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What are my rights regarding a rescinded job offer?

Approximately 3 weeks ago a company made me a job offer and I accepted. I was scheduled to start in 3 days. I completed required drug background tests, no issues. Purchased required/non-refundable uniforms and prepared for my new position. HR called me told me very excited to have me join the team. Today I went into the office and was given a tour of the facility and was shown were I would be working at. My file was reviewed to confirm my shift and department. I left and within 10 minutes received a call they could not hire me because other people had decided to return and now not enough money is in the budget to hire me.

Asked on March 9, 2012 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were given an employment contract or agreement, that is enforceable--you could force them to give you the job or else recover compensation (which is more likely what a court would give you).

If you did not have an employment contract, but you did something significant to your detriment in reliance on their promise of employment--more significant than buying a uniform and preparing for a position--you could possibly still hold them accountable for their promise. Typically, it requires something like relocating for a job, leaving an existing job for the new one, etc. to do this. If this was the case, you  should speak with an attorney about your options. (The relevant legal theory is called "promissory estoppel"--being stopped from denying a promise--though it is also sometimes known as "detrimental reliance," because you have relied to your detriment.)

If you only spent some time and bought a uniform, you *may* be able to sue in small claims court for the cost of the uniform, based on the fact that you bought it in reliance on their offer, but that is probably the most you can do, unfortunately.


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 AttorneyPages.com 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