Rescinded Job Offer 3 days before starting...

Anonemous

Diamond Member
May 19, 2003
7,361
1
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So my friend got a job offer in a new city. He even signed a lease and packed up to move. The job was supposed to start Monday but they got a call today that job offer was rescinded due to budget cuts. Is there any legal recourse in CA?
 
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Numenorean

Diamond Member
Oct 26, 2008
4,442
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Unless there was something he signed probably not. If relocation expenses were supposed to be reimbursed, he might be able to get that, but....otherwise pretty much fucked. And that's also pretty much fucked up.
 

Anonemous

Diamond Member
May 19, 2003
7,361
1
71
According to him, he signed and agreed to the job offer before even planning the move. I guess companies can screw you either way. My question was why would the company even offer the position when they didn't have the budget for it. Don't they waste alot of resources interviewing candidates and flying them down for onsite interviews?
 
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Saint Nick

Lifer
Jan 21, 2005
17,722
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That really is too bad. My girl had interviewed for a job with a company, but then got contacted that the job had been removed. Shitty, oh well.
 

purbeast0

No Lifer
Sep 13, 2001
53,512
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same thing happened to my friend who was going t owork for my company. literally the day he was going to give his 2 weeks notice they contacted him and said that the funding had been cut for the position.

it was for a subcontractor position for a dod project.
 

Blackjack200

Lifer
May 28, 2007
15,995
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What industry does your friend work in? He might not have legal recourse, but I would give them hell about it.
 

Malak

Lifer
Dec 4, 2004
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I seen a similar situation where a guy actually started then got layed off. He was pretty pisses because they convinced him to move his family. When they tried to rehire him he said no, not sure how politely.
 

Aikouka

Lifer
Nov 27, 2001
30,383
912
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That's strange. In the defense world, typically you hear things like "contingent upon contract award" and such to mean, "if we lose, you lose your job offer." Was there any contingency spelled out in his job offer?
 

PingSpike

Lifer
Feb 25, 2004
21,756
600
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According to him, he signed and agreed to the job offer before even planning the move. I guess companies can screw you either way. My question was why would the company even offer the position when they didn't have the budget for it. Don't they waste alot of resources interviewing candidates and flying them down for onsite interviews?

I once got hired as a PC tech (this was maybe 10 years ago) and right after I started went to a couple meetings where they were basically saying they had no money. And then there was no work and they had me doing data entry. I got laid off after 4-5 weeks. What the fuck was I hired for in the first place? Some companies are just run by morons.
 

Anonemous

Diamond Member
May 19, 2003
7,361
1
71
What industry does your friend work in? He might not have legal recourse, but I would give them hell about it.

Biotech Pharma, I don't know the details of the contract since I wasn't there and right now I don't want to ask him too many questions since he is very distraught. :( I think he turned down other offers for this position and to make matters worse he is unemployed at the moment.
 
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Lifted

Diamond Member
Nov 30, 2004
5,748
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Is your friend out any money? Did they give notice & resign at a current job? Did they put money down on the new lease? Did they pay realtors, etc. for finding the new accommodations?

Your friend should talk to a lawyer if out any money on this. A job offer in writing is not a "well, if we still want you in a few weeks" piece of paper. It's a legally binding contract.

Cliffs: CALL A LAWYER.
 

Macamus Prime

Diamond Member
Feb 24, 2011
3,108
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Contact a lawyer.

For something that big of a commitment (moving), I would hope it was covered and noted in the contracts he signed.
 

Aikouka

Lifer
Nov 27, 2001
30,383
912
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Biotech Pharma, I don't know the details of the contract since I wasn't there and right now I don't want to ask him too many questions since he is very distraught. :(

Look at it this way... the point of asking him these questions is to help him... not just to find out how much the company screwed him over.
 

JS80

Lifer
Oct 24, 2005
26,271
7
81
CA? Threaten to sue and they will offer money to go away. If they call your bluff there will be a line of labor lawyers who will write a very scary letter to the company.
 

SearchMaster

Diamond Member
Jun 6, 2002
7,791
114
106
I doubt he has any real rights by the letter of the law but as JS80 said, if he raises enough stink and has enough threats they may pay him to go away (assuming they're not completely cash-strapped; in which case he's lucky to have dodged the bullet anyway).
 

Nik

Lifer
Jun 5, 2006
16,101
3
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What COULD he do? Force the company to hire him? Work for an employer who doesn't want to employ him? Yeah, that's got long-term written all over it.
 

sunzt

Diamond Member
Nov 27, 2003
3,076
3
81
these things are happening a lot more lately to any job tied to a government contract due to budget cuts
 

Krazy4Real

Lifer
Oct 3, 2003
12,221
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Have him talk to a lawyer to at least get reimbursed for any fees for canceling the lease and stuff like that.
 

CptObvious

Platinum Member
Mar 5, 2004
2,501
7
81
I remember reading a couple cases about it in law school (employment law isn't my specialty). Depending on the circumstances, your friend might be able to recover reliance damages based on promissory estoppel. Meaning, costs of moving, terminating the new lease and such. It's one of the reasons why places are more reluctant to hire people living out of the area. But if he signed a contract waiving any rights, he might be SOL. He should talk to an employment attorney about it.
 

JS80

Lifer
Oct 24, 2005
26,271
7
81
I remember reading a couple cases about it in law school (employment law isn't my specialty). Depending on the circumstances, your friend might be able to recover reliance damages based on promissory estoppel. Meaning, costs of moving, terminating the new lease and such. It's one of the reasons why places are more reluctant to hire people living out of the area. But if he signed a contract waiving any rights, he might be SOL. He should talk to an employment attorney about it.

Cheaper to pay the couple grand to settle it than get lawyers involved. I bet they are just playing the numbers. If there are people who will bend over, then it's free. If someone raises a stink send them a check with a release contract. Cheaper than a $500/hr corporate attorney.
 

Wyndru

Diamond Member
Apr 9, 2009
7,318
4
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Shit that sucks. I had that happen to me and I was really pissed, but I was already unemployed and the job was local....I couldn't imagine moving to find out that they cut the position.
 

BoomerD

No Lifer
Feb 26, 2006
65,771
14,189
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Shit happens. It sucks, but sometimes...that's life for ya.

30-odd years ago, the construction company I was working for offered me a job in Oklahoma. Didn't really want to go there, but the money was too good to refuse...so, I packed the family up and off we went.
We were in Denver when I called the guy who hired me for some information...and was told not to come...the project had been cancelled. <shrug>
Whatcha gonna do?

They offered to let me go back to the job I had just quit...which I did...but only temporarily, as that job was about to start winding down. Within a month, I had a different job.
They tried to get me to come back...and to go to Oklahoma once that job started, but I refused.
"There's an old saying in Tennessee &#8212; I know it's in Texas, probably in Tennessee &#8212; that says, fool me once, shame on &#8212; shame on you. Fool me &#8212; you can't get fooled again."
:p
 

CptObvious

Platinum Member
Mar 5, 2004
2,501
7
81
Cheaper to pay the couple grand to settle it than get lawyers involved. I bet they are just playing the numbers. If there are people who will bend over, then it's free. If someone raises a stink send them a check with a release contract. Cheaper than a $500/hr corporate attorney.
Maybe, but sometimes the difference between getting blown off and a settlement offer is having an attorney listed on the letterhead. Certainly he wouldn't hire some law firm partner to handle this case, it's something a 1st year associate could handle for a lot less.