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  1. #1
    Join Date
    Aug 2005

    Default Employee Rights After a Job Offer is Rescinded

    I received a signed offer for a job, which I accepted. Before my start date, I attended a company meeting. I told my boss-to-be that I would be eager to attend, but would not feel comfortable participating because I felt I lacked sufficient experience at the company to speak. I was told that my presence would in itself be much appreciated.

    Two days after the meeting, my job offer was rescinded. The reason given me was that the Senior VP thought I did not participate enough nor enthusiastically.

    Do they have the right to do this? My offer letter says that I am an at-will employee, but can I look to them for any damages?

  2. #2
    Join Date
    Mar 2005

    Default Loss of Job Before Start Date

    Employment laws vary by state, so you should consider speaking to a plaintiff-side employment lawyer in your state about your situation, to determine your rights and any possible remedies.

    There is a theory called "detrimental reliance" which can come into play when somebody is offered a job, engages in significant activity or expense in reliance on the offer, and then the offer is reneged. But the type of action called for in most states to support such a claim is quite substantial, and must typically go beyond what would be expected under the circumstances, so the doctrine is often difficult to apply in the context of employment.

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