What to do if an employer reneges on a job offer?

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What to do if an employer reneges on a job offer?

My wife was offered a job at a hospital. She had it ready to go verbally and another employment called to hire her. After consideration, she decided to go with the company that called her. She turned down the job at the hospital and her last day at her current job is in 2 days. Now, the job she agreed to called her and said that they have filled the position after they signed all the paperwork to get her started. Is there any legal action available since her financial well-being is now at stake due to her turning down an offer and she is almost gone from her current job?

Asked on August 6, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Normally, a job offer is not binding. However, if you can show that the second employer knew at the time it made its offer that your wife had another firm job offer, and knowing that, nonetheless made her its offer, with the intention that she should rely on it, accept it, and give up the other job, then you may be able to enforce their promise or offer under the theory of promissory estoppel. If the second employer did not know of the first offer, then there would be no possibility of enforcing their own offer. If you think that they knew of the first job offer at the time they extended their offer, your wife should consult with an employment law attorney to see if she does have a valid claim.


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