Tuesday, November 22, 2011

Retracting a Job Offer - Legal Advice Needed?

I recently accepted a job offer from a company I used to work for. After putting in a notice at my current place of employment, the offer was retracted. Here are the details:


*2004-2006 I worked for this company.


*I have a felony conviction dating back to an incident in 2003, which the company was aware of upon my first hire.


*I left the company in good standing in 2006, classified for re-hire.


*Throughout the last couple of years I have had a few offers from the company, which I declined until now.


*The position I was recently offered was in the same department in which I used to work.


*An offer was made and I was asked to start within a week. I put in notice at my current job. I'm now at my last day and the other offer was retracted - based on the prior conviction.





I cannot go back to my current employer as I was a supervisor that just gave less than a week's notice. obviously they want someone in that position that they can trust to hang around for a while.Retracting a Job Offer - Legal Advice Needed?
If you had an official offer letter you can sue for something called ';Promissory Estoppel';





Promissory estoppel requires:-





(i) an unequivocal promise by words or conduct,





(ii) evidence that there is a change in position of the promisee as a result of the promise (reliance but not necessarily to their detriment),





(iii) inequity if the promisor were to go back on the promise.





Talk to an Employment Law Attorney. You may have grounds.Retracting a Job Offer - Legal Advice Needed?
You really need to consult an employment lawyer on this one.

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