Was what the company did legal? Do I have any recourse?

UPDATED: Oct 1, 2022

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Was what the company did legal? Do I have any recourse?

I was hired by a company in a professional position. I was interview by 5 people from various departments prior to the offer being made to me. I accepted it and completed all of the pre-employment screens, tests and paperwork. Then, 2 days before, I was to start HR called and said they couldn’t bring me on yet due a an inaccuracy in the job description which was known about and discussed with at least 3 of my interviewers. Now I am told the position is in the hand of executives and may not be filled at all.

Asked on November 30, 2017 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you do not have any recourse, unfortunately, unless you had an actual written employment contract with a definite start date and they have violated this contract by not letting you start employment. If you did, you could sue for "breach of contract" (for violating the contract) and seek compensation, such as some number of weeks or months of wages or salary (depending on the exact terms of the contract and how much employment it reasonably guaranteed you). However, without a contract guarantying you employment, your employment would have been "employment at will." Employment at will means you can be terminated at any time--even before your job actually starts--for any reason, without prior notice or warning. An at-will employee, unfortunately, has no rights to his or her job. So unless you had a written employment contract, you would have no recourse.

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.

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