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+--- Thread: . . .can an employer do this?. . . (/showthread.php?tid=46222)
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. . .can an employer do this?. . . - NewtonMP2100 - 12-27-2007
. . .this just happened to someone I know. . .he received an offer for a job and he was supposed to start today. . .
the employer called early this morning and rescinded the job offer ON THE DAY he was supposed to start. . .
they said that they reviewed the position and that it now seemed more like an administrative position and that he was now over qualified. . .
what the f? the day the person is about to start?
Re: . . .can an employer do this?. . . - M A V I C - 12-27-2007
Depends on the state.
Re: . . .can an employer do this?. . . - BigGuynRusty - 12-28-2007
[quote NewtonMP2100]. . .this just happened to someone I know. . .he received an offer for a job and he was supposed to start today. . .
the employer called early this morning and rescinded the job offer ON THE DAY he was supposed to start. . .
they said that they reviewed the position and that it now seemed more like an administrative position and that he was now over qualified. . .
what the f? the day the person is about to start? They can in many states including California.
A "Job Offer" is just that, an "Offer", not an actual "Job".
BGnR
Re: . . .can an employer do this?. . . - ztirffritz - 12-28-2007
Was there a contract? Otherwise it is nothing more than a verbal agreement. I have a work-at-will arrangement. I can quit with no notice, they can fire me with no notice. If there were any other jobs nearby, I'd exercise my option...
Re: . . .can an employer do this?. . . - OWC Jamie - 12-28-2007
I'm not so sure I'd want to work for such classy professionals.
Now some of you may read "classy professionals" to mean amateurs.
Cool.
Re: . . .can an employer do this?. . . - tahoedrew - 12-28-2007
[quote ztirffritz]Was there a contract? Otherwise it is nothing more than a verbal agreement. I have a work-at-will arrangement. I can quit with no notice, they can fire me with no notice. If there were any other jobs nearby, I'd exercise my option...
A state with such laws is often referred to as a "right to work" state, as is the case here in Nevada.
Obviously the legality of the incident in question will depend almost entirely on the state in which it took place.
Note that even if it took place in a "right to work" state, laws of contracts (and the legality/enforceability of a "verbal contract," something that the state of Nevada does honor as a fully enforceable contract equal to that of a written contract) will also come into play.
While your friend may have no recourse against the company, Newt, he/she may have a legitimate claim to unemployment as they were clearly fired "without cause."
I think the bottom line is your friend needs to seek some legal advice, hopefully they can get it from an acquaintance who's willing to at least help them out a bit for no fee. I'd say if it's obvious to a lawyer that a law was broken and/or your friend is clearly entitled to unemployment and is denied, retaining a lawyer and paying them may be something to seriously consider.
~A
Re: . . .can an employer do this?. . . - karsen - 12-28-2007
Tell your friend to be thankful he found out what a lousy operation they were running now rather than after investing more of his time and life with them.
Re: . . .can an employer do this?. . . - space-time - 12-28-2007
NewtonMP2100, I don't know about your friend, but here is the opposite case.
In Germany, the longer you work for a company, the harder is for them to fire you, but also it becomes harder for you to quit. I have a friend that worked at one company for 7 years and then he found a "better" job at BOSCH. He had to negotiate with BOSCH to wait for him 6 months, yes, he had to give a 6 month notice to his former employer.
The irony is that after about 6 months at BOSCH, he realized he didn't like his new job so much (i.e. no freedom, only project management, no real accomplishments) and he quit while he still could and got his old job back.
Which is better, I don't know. Ideally it would be if you could quit without notice but they could never fire you, but that's not possible. At least not in Dystopia.
Re: . . .can an employer do this?. . . - wurm - 12-28-2007
While the situation certainly stinks, I can't imagine he'd be happy forcing them to go through with employing him and then ending up working in a place where he knows they really don't want him there. It's the same reason why I think being in a situation where "they can't fire me" (many union jobs come to mind) must actually be a miserable way to spend the work day.
Re: . . .can an employer do this?. . . - spearmint - 12-28-2007
[quote tahoedrew][
A state with such laws is often referred to as a right to work state, as is the case here in Nevada. "Right to work" states are those which prohibit union membership as a requirement for employment.