Employment offer made over the phone and via email. Accepted orally over the phone and via email. Gave resignation at current employer, signed lease in new city of employment, and then informed 3 1/2 weeks after job offer that my position was no longer needed. Told I was an at will employee. However, I did not agree to anything or was told during the job offer/acceptance process that I would be an at will employee. I have in writing that my contract was from 5/1/07-8/10/07 with pay to be $4,550-$7,100 based on performance. My hours were 1:00 pm to 10:00 pm M-F.
I currently attend law school and realize what a mess this really is. I lived in Oklahoma when the contract was entered, the job was to be in Kansas City, MO, while the employers' headquarters are in Boston, MA. I assume jurisidication is in Kansas City, MO. I'm not familiar with the employment laws in Missouri. Please help! What are my legal remedies?
2007-04-17 14:25:39 · 4 answers · asked by monicawvu04 1 in Business & Finance ➔ Careers & Employment
Actually, as opposed to what your first response stated, the emails do constitute a contract. Employment is not covered by the statute of frauds, and therefore does not need to be in writing. There being an offer, an acceptance, and consideration there is a legally binding contract. Not all contracts have to be written to be enforceable, only those covered by the statute of frauds. Also, just b/c one is a law student, doesn't mean that they know all about the law. If one has not been tought this yet, then they shouldn't know. Law school is more apt to teaching one how to think like a lawyer, and all though some fundamentals are tought, there is too much involved to teach everything. So many law students will take offense to someone saying, you are in law school, you should know. They are still learning!!!!!!
As opposed to your second response, Legally you did have a job, and illegally, you were let go! Furthermore, the employement was not an at-will employment, b/c there were specific dates that you would be working, and an at-will release does not hold water.
2007-04-17 15:05:18 · answer #1 · answered by psmith7883 1 · 0⤊ 2⤋
Because the employer effectively issued you an employment contract (job offer via e-mail), enticed you away from a current job and caused you to relocate under the expectation that you would be working in a different city, you have sustained damages because the employer rescinded the offer, and indeed have a legitimate claim.
I'm not too familiar with the employment laws in MO either, but here are a couple of links that may help you:
www.dol.gov should have a link to the state sites
BTW, I believe jurisdiction may be in MA since a claim will need to be filed against the employer in that location. Kind of depends on how the corporation is structured and what level of autonomy the MO site had for employment matters.
www.eeoc.gov may also have some insight to offer.
You may also want to see if your school subscribes to www.lawroom.com - this is a great, easy to understand legal resource for employment law, but it is a subscription-only service.
Good luck - this really is an ugly situation and I'm very sorry that you had the misfortune to deal with an employer like this.
2007-04-17 15:47:59 · answer #2 · answered by Mel 6 · 0⤊ 0⤋
You should know if you are in law school, that those agreements do not constitute a contract. The job is not real until a contract is signed.
To Mel, below me.... oh, really? Is that why they pulled the job out from under her?
2007-04-17 14:34:15 · answer #3 · answered by Kacky 7 · 0⤊ 1⤋
Legally, get a new job.
2007-04-17 14:35:32 · answer #4 · answered by Walt 2 · 1⤊ 1⤋