Employment Offer Rescinded, Can I Sue for Breach of Contract
My question involves labor and employment law for the state of: BC/western Canada
I live in western Canada but the law here is very similar to American law, or British common law. Small claims courts can take cases up to $25k in my state and statute of limitation is 2 years for breach of contract.
Okay here's the deal, I was offered a job after an extensive interview process. The job was offered to me with a 6 month contract. I filled out the contract the next day, and fax it back. I also called to confirm that they got the fax, and this is when HR verbally told me to give notice at my current job, since I'd be starting in 2 weeks.
Two days before my start date, HR sent me an email stating they won't hire me, because I don’t meet their education requirements. I called immediately to inquire about these education requirements, as I didn't see any in the original job posting, or in the contract.
This is when their story gets funky, I'm told there are no education requirements, but I put down high school on my resume, so they have to check it. They said they contacted my high school, but couldn't verify my education. I asked if there’s any other way I could prove it, the HR lady told me to get them a transcript before the start date. Now I went to high school almost a decade ago in another country, and I doubt school officials will give out information over the phone. So I’m skeptical if they even contacted the school or not, and there’s no way I can get a transcript from overseas within 48hrs.
I've read their contract from top to bottom. There is a brief clause stating: they have a right to run criminal records search, health assessment/drug test, and background records search. I'm guessing my dilemma falls under this broad "background records search" term.
I had already given notice to my current employer and this left me without a job for a few months. I'm guessing they didn't hire me, because there were some internal problems within the company, maybe the project I was hired to work on was scrapped, or something else.
Now I have a few questions...
1. Should I sue for the breach of contract? Is this the best course of action?
2. How much can I sue for?
3. Statute of limitations is 2 years in my state. Should I file asap, or can I wait?
Re: Employment Offer Rescinded, Can I Sue for Breach of Contract
I live in western Canada but the law here is very similar to American law
Actually, it's not. Employment law in Canada can be very different from American law.
We have one expert in Canadian law here and when she gets here, she may have some response. But if you were in the US, this is what I'd tell you: The minute you said the word, contract, it became an issue that a message board cannot help with, because we cannot read the contract from here, and that's where the answers are. In the contract.
I suspect that in this regard, you are right and that Canadian law IS the same. So while you're waiting for eerelations, you might want to take a word to the wise and have an actual Canadian attorney review that "contract".