Q: Once a business offers you a position, contract signed, are they able to rescind the offer weeks later
I accepted an ER manager position at a different health care facility and signed a contract with the institution regarding wage and sign on bonus. I asked to give 4 weeks notice to my current employer to allow for smooth transition in which they agreed and a start date of 4/13/2020 was given. I called last week to advise I could start earlier and was told we could start 3/30/2020. I submitted a letter of resignation and that employment is set to be terminated next week. I called the offering employer to have pre employment exam info sent and they advised they have rescinded their offer. Is there any recourse as I have since given up my current position and now this position is no longer offered and I am left unemployed now.There was a substantial pay increase offered and sign on bonus as well
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Ohio
- (216) 417-5111
- View Profile
- Answered
A:
You do have recourse. They are not able to rescind an offer once you accept it. They are using that word, rescind, but really what they're doing is terminating the contract.
Before you start looking at recourse, see if you can get your old job back. Regardless of what happens with the new/terminated employer, you have a duty to mitigate (lessen) your damages caused by their contract breach.
For damages, I'd need more information to determine what the case is worth.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
