Last Weds i was offered a job verbally after a succesful interview on Tuesday, he stated that he wanted me to start in exactly 4 weeks time, which is what i would need to work for my notice in my current employment. I handed my notice in the next day as i wanted to leave my work with enough time to find a replacement (im the only full time member).
On Friday i had a call from my new employer stating that they think they have made a mistake and that the two jobs originally available may now only be one, and they will let me know in 2 weeks!! That same day i recieved my letter of employment from them which reffered to my conversation with them on Weds night.
My boss is annoyed with the situation as he now knows that i want to leave & is being akward.
I do really want this job and dont want to kick up a fuss and burn my bridges for the future but i want to know where i stand? Im soooo gutted as its something i've always wanted to do. HELP! :(
2006-10-18 04:39:48 · 8 answers · asked by K8t 1 in Politics & Government ➔ Law & Ethics
Legally, if you were given a letter of employment intent, then they can not renig on it. . . You have yourself a job. That letter serves as a contract of employment. Them breaking it will result in breach of contract, and any court of law will tell the company that they were stupid to give you one if they weren't sure they had a job for you.
What I would do is call you "potential" employer and inform them of the situation you are currently in, with giving notice at your current job due to the promise of a job with them. Inform them that you have the letter, and that you infer from it that you have a job with them, and can't wait to start in a few weeks. If they still give you the "limbo" stuff, I would go and visit a lawyer to see what your recourse is. Most lawyers will offer a free counceltation and give you honest feedback.
I might even go a step further with this and report them to the state for unfair business employment practices. Companies would do that (offer to the good ones, to keep them from accepting a job elsewhere, and then tell them they didn't have a place for them after all), if it were actually legal. Not only is it illegal, but unethical.
2006-10-18 05:05:47 · answer #1 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
Hello K8t,
Well, this is a matter of contract law, I assume you have accepted the job so this is the position.
There has been an offer by the new employer, an acceptance by you, a consideration being the wage, an intention to create legal relations and certainty of subject matter.
So we know a contract exists between you.
If you do not begin the new job then there could be a case for breach of contract.
Talk to a solicitor or CAB.
Hope this helps
Good luck
2006-10-18 15:32:13 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
I'd say they are bound by the letter of employment. You could probably recover lost wages for the time it takes you to find another job.
Also you are probably entitled to Employment Insurance or the like (whatever it is you have there). It is not normally covered if you quit, but you quit with the reasonable expectation of new employment.
I hate to say it, but I wouldn't stick around with your current employer, since now that he knows you want to leave, he will probably find some excuse to can you..or at the very least look you over for any higher opportunities.
2006-10-18 11:50:16 · answer #3 · answered by elysialaw 6 · 0⤊ 0⤋
i doubt you have a leg to stand on. legally you have no rights in a job in the 1st 12 months so cant see you having many rights before you have even gotten there. after all in the probationary period they can ask you to leave with 1 weeks notice or less and you cant do a dam thing about it. i would forget it get clarification that you have definitely got no job adn then mvoe on stay where you are mvoe on when you can.
boss will be awkward but i wouldnt have handed notice in before getting letter anyways.
speak to CAB office see what they say but dont think there is much you can do im afraid.
sorry good luck, if your boss is being a pain why dont you explain why you want to leave maybe they can help you?
xxx
2006-10-18 12:25:34 · answer #4 · answered by caroline17nov 3 · 0⤊ 0⤋
Where you have a job offer, and have put your notice, thus burning bridges, as it were, you are entitled to severence pay from the new employer, of at least one month.
However, and with a good brief, based upon the emotional upheavel, lay it on, you could walk with 3 to 1`2 months salary from them.
2006-10-21 06:05:50 · answer #5 · answered by manforallseasons 4 · 0⤊ 0⤋
contact prospective employer get clarification ,if no job available apologise to present employer and hope he agrees to rescind resignation.
2006-10-18 12:25:14 · answer #6 · answered by joseph m 4 · 0⤊ 0⤋
If you have a letter of confirmation from them, and in that they admit offering you a job, then you can sue their asses off!
2006-10-18 11:44:50 · answer #7 · answered by OriginalBubble 6 · 0⤊ 0⤋
If they have caused you to resign from your old job you should sue for loss of earnings.
2006-10-18 12:47:14 · answer #8 · answered by malcy 6 · 0⤊ 0⤋