Holland, OH asked in Employment Law for Ohio

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 I called the offering employer to have pre employment exam info sent and they advised they have rescinded their offer.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

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1 Lawyer Answer
Nicholas P. Weiss
Nicholas P. Weiss
  • Cleveland Heights, OH
  • Licensed in Ohio

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.

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