Got Hosed out of a new Job-Advice

[Grizz]

I had been working as a contract PM for a Health Care system since last October. I was in charge of a 25 man crew swapping out 7500 PC's for a locked down image. Anyways, in January my boss recommended me to another department manager for a full time position. I got glowing recommendations from my boss and colleagues. They offered me the position. However my current boss asked that they hold the position until April when the project was done. He told them I was to important to the project to be released now. The other manager agreed to hold the position until I finished the project. While I never got an "official" offer letter, I did receive numerous emails stating that they were holding the position and were looking forward to having aboard in April.

Well the end of March comes, and who would be my new boss calls and tells me that his boss hired someone else without telling him. He didn't even apologize, just said that the position was filled. I told my boss, who knew nothing about it. He looked into it, and in his words told me " I got screwed", but their was nothing he could do. so now my contracts up and I am out of a job.

I doubt I do, but do I have any legal rights? My work on the project was according to the company excellent and their was no underlying reason I wasn't hired.

[OVCChairman]

it's not what you know... its what you can prove.....

if you've got proof of that whole thing.. you might have a leg to stand on

[DarrellsMyHero28]

The E-mails could serve as somewhat of a contract of employment on their part.

Under the common law, three elements are necessary for an offer to be effective:

1. The offeror must have a serious intention to become bound by the offer.

2. The terms of the offer must be reasonably certain, or definite, so that the parties and the court can ascertain the terms of the contract.

3. The offer must be communicated by the offeror to the offeree, resulting in the offeree's knowledge of the offer.

Once an effective offer has been made, the offeree has the power to accept the offer.

If the offeree accepts, an agreement is formed (and thus a contract, if other essential elements are present).

The first requirement for an effective offer is a serious intent on the part of the offeror. Serious intent is not determined by the subjective intentions, beliefs, and assumptions of the offeror.

Under this theory, a party's words and conduct are held to mean whatever a reasonable person in the offeree's position would think they meant.

During preliminary negotiations, the parties may form an agreement to agree to a material term of a contract at some future date. Traditionally, such "agreements to agree" were not considered to be binding contracts.

However, more recent cases illustrate the view that agreements to agree serve valid commercial purposes and can be enforced if the parties clearly intended to be bound by such agreements.

The second requirement for an effective offer involves the definiteness of its terms. An offer must have terms that are reasonably definite so that, if a contract is formed, a court can determine if a breach has occurred and can provide an appropriate remedy. What specific terms are required depends, of course, on the type of contract. Generally, a contract must include the following terms, either expressed in the contract or capable of being reasonably inferred from it:

1. The identification of the parties.

2. The identification of the object or subject matter of the contract (also the quantity; when appropriate), including the work to be performed, with specific identification of such items as goods, services, and land.

3. The consideration to be paid.

4. The time of payment, delivery, or performance.

I leave that up to your interpretation, but you certainly may have a case.

[Tarhog]

Have you thought about going after them for taste infringement?

[McD5]

www.poopsenders.com

[Mr. S]

Hey Darrels28, are you a pre-law student? You did a superb job stating everything.

As for your rights Grizz, it looks like you had an agreement of sorts, and they screwed you. FOr your legal rights, you can definitely claim the salary difference. You could try to claim specific performance, but not sure if they will allow it since they could say they filled the position with a better candidate.

I think you can still claim monetary damages though.

[DarrellsMyHero28]

Hey Darrels28, are you a pre-law student? You did a superb job stating everything.

As for your rights Grizz, it looks like you had an agreement of sorts, and they screwed you. FOr your legal rights, you can definitely claim the salary difference. You could try to claim specific performance, but not sure if they will allow it since they could say they filled the position with a better candidate.

I think you can still claim monetary damages though.

Doing the closest thing VT has to a pre-law program, a 'pre-law' PolySci option, thanks.

[jrt212]

it also depends on who you were communicating with. was the person who told you they were holding the position someone who actually has the hiring authority? if not, youre probably out of luck.

as for salary difference, probably not entitled to that since you didn't take the job at the time, and now it's not a factor since you are no longer working there.

just a guess here, but the person who told you they'd hold the job wasnt the person allowed to actually hold a spot for you, then it came down that they needed someone to fill that slot immediately and couldnt wait around.

probably should check with a real lawyer and not us undergrads here on extremeskins, you very well could get a settlement

[DeanCollins]

Grizz, I'm no attorney, but I am a professional negotiator. Last week, when a condo tried to cancel a contract, I negotiated the payment of of 1/3rd of the amount to let them out it It amounted to around $7k for a few hours work.

I would get in to see an attorney asap. Did you attempt to speak to the "boss" that hired that other person? Or the HR dept.? I would exhaust all methods of direct communication (verbal and written) within the company, making my case (and damages) known. You may be able to negotiate another position within the company. A job now would be worth more to you than the prospect of an award (less legal expenses) later.

[Grizz]

Thanks for all the replies. Looks like I may have a case. I'll defiantly speak with an attorney.

I did speak with the VP who hired above my would be manager. She said it was a miscommunication and she didn't know he had hired someone and was holding the position. (right, his direct boss, and it had been for 3 months)

Anyways she sort of made me an offer to make her feel better, however the position was out of state and not really an option for me.

[jrt212]

Thanks for all the replies. Looks like I may have a case. I'll defiantly speak with an attorney.

I did speak with the VP who hired above my would be manager. She said it was a miscommunication and she didn't know he had hired someone and was holding the position. (right, his direct boss, and it had been for 3 months)

Anyways she sort of made me an offer to make her feel better, however the position was out of state and not really an option for me.

keep whatever she sent you, that, in a way, is an admission of guilt. i think that'd work for you with a settlement type deal. essentially she already offered you a settlement, which means they know they were in the wrong. always have that paper trail, it works wonders

[Stophovr6]

You know what to do when it's the last straw right?

[laurent]

I don't see how you have any legal leg to stand on, and even if you did all you would achieve by pursuing it is souring your relationship with the prospective employer.

Sounds harsh, but learn your lesson and move on. It's up to you to look out for yourself, employers will rarely ever do anything that's in your best interest.

This should also tell you something about how little your boss truly cares for you. He let his own ambitions interfere with your future, not somebody I'd like to work for that's fore sure.

[stevenaa]

Did you turn down other jobs in the expectation that you had this one? That would demonstrate a financial loss. They weren't obligated to give you the job while you were still under contract, so I don't see how you could claim a loss in the difference in income. Unless you turned down another job, I don't see why you should be due anything.

[BigMike619]

www.poopsenders.com

this is the most important post of the thread.

:applause:

[Buford T. Justice]

Why would you even want the job now?