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  1. #1
    Join Date
    Mar 2012
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    Question Fired Before Start Date

    My question involves labor and employment law for the state of: Virginia

    I am a 59 year old single mother and am completing my degree in education. I was offered a job out of state recently. The school is privately owned and I traveled for meetings for 3 days- after which I was offered an internship. It was a dream come true. They offered a 3 month of initiation period to determine if my philosophy matched the school and job requirements and 1 year internship contract after that. They also agreed to pay me to travel and attend classes for 3 weekends.

    But just a week before the start date- they communicated that they are unable to offer internship and subsequently terminated the contract 1 week before the start date. It seemed like they had found a better candidate although they provided some other reason (That they do not have a qualified teacher who can supervise my internship). When I asked them to pay me costs- they offered just two weeks of pay- which was written in the contract, in the event they terminated the job for reasons not related to the candidate.

    Meanwhile- I had left my job in my hometown- which paid much lower but was still a job, and also incurred costs in anticipation of my move. My place does not have many jobs available. I am not very well off, and need the money. Can I sue them to pay me back my expenses and 3 months of salary?

    I had received the offer in email and I signed and sent it back to them- although rest of the communication, including termination was only on emails. Thanks for your help.

  2. #2
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    Sep 2005
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    Default Re: Fired Before Start Date

    What are your expenses? The interview expenses you incurred before you were hired?

  3. #3
    Join Date
    Mar 2012
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    5

    Default Re: Fired Before Start Date

    Around $500

  4. #4

    Default Re: Fired Before Start Date

    Based on your post, it would appear the school-employer only had an obligation to pay you the two weeks of compensation consistent with your contract.

    With that said, you may want to consult with a local attorney to ascertain whether you can advance a detrimental reliance claim against the school. I think it is unlikely. However, it would likely be worthwhile for you ascertain conclusively whether you have any options.

  5. #5
    Join Date
    Mar 2012
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    Default Re: Fired Before Start Date

    Thank you so much.
    How much might I be able to recover based on detrimental reliance? Can I get paid until I find a new job?
    Also- one local attorney I contacted thinks that we can make a case - is it worth putting $500 into it?

    I appreciate your help very much.

  6. #6

    Default Re: Fired Before Start Date

    First, no one here can provide an accurate assessment of the potential worth of a possible legal claim or claims. At best, you need local private counsel to provide you with such an assessment. (Even in a one-on-one setting, your putative attorney can only tentatively advise you as to what other similarly situated plaintiffs have recovered. At the onset, he or she likely cannot envision with any certainly the value of such a case.)

    Second, even if you have the best detrimental reliance case possible, commencing a lawsuit will not provide you with any interim source of income. You would not recover anything prior to said lawsuit being settled or won by you and your attorney.

    Third, in the abstract, paying $500.00 for a consultation appears steep to me. I suspect you can find other knowledgeable counsel who will meet with you for less money or no money. You may want to focus your search for attorneys in your state who practice or specialize in employment law.

  7. #7
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    Default Re: Fired Before Start Date

    Detrimental reliance means that you did something to your detriment in reliance upon the promise of employment. In some states the cause only exists in the event that there is a contract of employment, and not for at-will cases. In others the cause requires a substantial act made in reliance upon the new job - such as completing a move across the state or country. In Virginia, it looks like you cannot claim detrimental reliance for a revocation of a job offer when the job is at-will.
    Quote Quoting Sartin v. Mazur, 237 Va. 82, 85, 375 S.E.2d 741, 743 (1989), emphasis added.
    Because the actual employment was terminable at will, it would be illogical to hold, as the plaintiff urges, that somehow the offer of such employment was not terminable at will. It would be absurd to require an employer, which had changed its mind after an offer had been made, to actually employ the applicant for one hour or one day so that the employee could then be discharged.

    Consequently, we hold that an offer for at will employment is terminable at any time, which includes the time before the prospective employee assumes the position. In sum, the doctrine of free terminability draws no distinction between the offer of employment and the actual act of employment. In this case, there was merely an unfulfilled promise to give employment which was revocable at will by the employer.
    The question in your case is whether this might be construed as a three-month contract of employment, potentially extended to a year - your lawyer presumably read the contract, or if not available at least read the offer letter, and is thus in a position to comment on whether the employer reserved the right to terminate your employment at any time or promised a minimum of three months employment.

    If you are trying to recover expenses you incurred before you got the job offer, those aren't expenses you incurred in reliance upon the promise of employment. They were the costs you incurred to obtain that promise.

  8. #8
    Join Date
    Mar 2012
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    5

    Default Re: Fired Before Start Date

    Thank you. This is hard for me, although I appreciate your advice.

  9. #9
    Join Date
    Mar 2012
    Posts
    5

    Default Re: Fired Before Start Date

    Below are the text in the contract about the offer and termination- I would appreciate your comment- Thank you again.

    OFFER DURATION
    This offer will apply from the period of 16 months and will end on June 30, 2013.

    INITIATION PERIOD - March 1 2012 - June 8 2012
    In order to ensure that our philosophy and your own teaching philosophy align
    we will consider the period from March 1, 2012 till June 8, 2012 an initiation period.
    During this time you will have regular two way feedback sessions with your manager to
    assess a match of teaching philosophy, work schedule and personal work style. At the
    end of the initiation period you will either be confirmed as a permanent employee or
    this agreement will be terminated.


    TERMINATION
    In the event that you are unable to meet the requirements of the job or are unable to
    meet the standards of professional conduct that is required of you on the job or you
    willfully cause damage to the property or reputation of the employer, this agreement
    can be terminated effective immediately.
    If for reasons unconnected with you, your services are no longer required, you will be given 2 weeks’ notice in writing before this
    agreement is terminated. If you choose to end your employment with the school
    you will provide 2 weeks’ notice in writing for this agreement to be terminated.
    This agreement can only be modified in writing by the undersigned.
    This agreement is governed by and is to be construed and enforced in accordance with the laws of the
    commonwealth of Virginia.

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