Milton, MA asked in Employment Law for Massachusetts

Q: Case for a rescinded job offer?

I accepted an offer for a position. I gave notice to my current employer. 7 days later the company I accepted the offer from rescinded the offer stating they are reevaluating the position and the needs for the position. My current employer will not retain me as they have already reorganized the portfolio.

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1 Lawyer Answer
Matthew J. Kidd
Matthew J. Kidd
  • Boston, MA
  • Licensed in Massachusetts

A: The question is how was the offer worded ? We would need to determine whether you were an "employee at will" or had an enforceable contract.

Unless you have a specific contract to work for a period of time (years), you, and most employees, are "employees at will", meaning either you or the employer can terminate the relationship at any time for any reason or no reason at all.

However, there are a few legal exceptions which make it unlawful for the employer to terminate you as an employee at will, and may give you some legal rights in this matter.

1. It is unlawful for the employer terminate you or refuse to hire you based on discriminatory motives like age, sex, nationality, or religion to name a few.

2. If you reasonably relied on the employment offer to your detriment, say you turned down other jobs or relocated in anticipation of the job offer, you may have suffered damages (lost wages, expenses, etc.) which you could attempt to collect in a court action.

3. There is an implied covenant of good faith and fair dealing for all contracts in Massachusetts. If this were considered a contract, it is possible to assert that pulling the offer at the last minute breached the covenant of good faith and fair dealing implicit in all contractual arrangements in the Commonwealth of Massachusetts. The employer may have acted unfairly and/or in bad faith.

I would need more detail to access your case, but these are some initial thoughts about your matter.

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