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  1. #1
    Join Date
    Mar 2007
    Posts
    11

    Default Detrimental Reliance

    After a long, protracted interview process I was offered a job at a school district. The H.R. people asked me to be available to work the day after the Board of Education met and would rubber stamp my hiring.

    This required me to give notice to my current employer.

    Two weeks later, while I was training my replacement, the job offer was rescinded.

    Georgia is an at will employment state and I am asking if they recognize Detrimental Reliance as one of the three exceptions to at will employment.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Detrimental Reliance

    For what reason was the offer rescinded?

  3. #3
    Join Date
    Mar 2007
    Posts
    11

    Default Re: Detrimental Reliance

    I was told that 'someone' called the H.R. dept. and informed them of something about me that would force the Board of Education to deny the promised rubber stamp approval.

    Because of this unsolicited information the H.R. people refused to place my application in front of the Board for a vote. The H.R. people claimed they checked out this information and found it to be true. The H.R. dept. refused to tell me what this damaging news was. I insisted they allow the Board to vote so that I could answer any of these charges. I know there is nothing in my past that would place any position in jeopardy.

  4. #4
    panther10758 Guest

    Default Re: Detrimental Reliance

    You seem to have a quite bit work related issues. Now you were not hired because of what someone told HR and in another thread you fired while on Workmans comp!


    http://www.expertlaw.com/forums/showthread.php?t=31913

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Detrimental Reliance

    I see per another thread you started today that regarding another job you were put on restricted duty by a dr. due to a trip & fall at work & you were fired two weeks later w/o explanation. However, you believe you were fired for being on worker's comp. - is that correct?

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Detrimental Reliance

    panther - you & I were typing our posts at the same time but you got yours submitted off before me - yours wasn't there when I started mine.

  7. #7
    panther10758 Guest

    Default Re: Detrimental Reliance

    No problem Betty happens all the time. Seems we share a lot anyhow neither of our teams are going to playoffs (Dodgers/Cardinals)

  8. #8
    Join Date
    Mar 2007
    Posts
    11

    Default Re: Detrimental Reliance

    You are correct. This year has been lousy.

    Let me explain the entire mess.

    I had been working in a nursing home for 3 years when the school district offered me a job and then took it away. The chronology and facts are as I explained.

    I then went to work in another nursing home where I had the W.C. accident on July 4th. My employer did exactly as I stated.

    I recently found out that my employer was threatened with expulsion from the nursing home due to poor performance before I was hired. I believe I was terminated after the accident so the company could claim they were trying really hard to correct the problems.

    Please know that I contacted the EEOC in March and filed an age discrimination complaint against the school district. I am 59. They informed me this week that they are filing charges against the school district on Monday, October 1.

    My reasons for asking questions in two areas of this board are simple. I am trying to discern where any problems might come from. I prefer to keep a step ahead of any surprises.

    I have not engaged an attorney for the W.C. matter, nor have I an attorney to assist me with the EEOC.

    The W.C. insurance carrier has acted responsibly and has been outstanding considering they are looking at paying for a knee replacement.

  9. #9
    Join Date
    Mar 2007
    Posts
    11

    Default Re: Detrimental Reliance

    P.S.

    Sorry,I was replying while someone else was asking a question.

    I was never given an answer as to why I was fired. At first I thought it was because I filled out the paperwork for W.C. to pay the initial medical bills.
    Recently, my former district manager called and let me know that I never had a chance to succeeed at the job in this location.

  10. #10
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Detrimental Reliance

    Quote Quoting bavage
    View Post
    After a long, protracted interview process I was offered a job at a school district. The H.R. people asked me to be available to work the day after the Board of Education met and would rubber stamp my hiring.

    This required me to give notice to my current employer.

    Two weeks later, while I was training my replacement, the job offer was rescinded.

    Georgia is an at will employment state and I am asking if they recognize Detrimental Reliance as one of the three exceptions to at will employment.

    I am not sure where you came up with the magic #3 as total exceptions, but even if GA recognized detrimental reliance/promissory estoppel, your facts do not support such a claim, this would mean an employer would be mandated by law to hire every employee they say they will and can not change their minds.

    Even assuming for sake of a legal argument, GA recognizes DR by common law, it still does NOT alter the at will state of your employment and could be fired one hour after officially being hired.

    DR is generally enforceable ONLY under rare specific facts. Example: Joe in CA is hired by a company in GA, once moved, thousands out of pocket, the employer changed thier mind and refused to employ Joe.

    Sure, you "relied" on the job offer to your "detriment", but this is not a recognizable Cause of Action per the facts.

    However, a consultation with an attorney licensed in GA will be crucial to any "possible" litigation.

    From research years ago for personal study, GA did not even recognize a Public Policy exception to at will employment. I do not know if this has changed?

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