Q: I was invited abroad as one of three finalists for a lucrative job. My doctor's office gave me the wrong COVID test.
The potential employer paid for my ticket. I was informed at the check-in counter that I wasn't allowed to fly because I had received the wrong COVID test. I went through four rounds of interviews to get to the finalist stage. When they found out I couldn't fly, the organization declined to do a virtual interview because they wanted respect the integrity of the process for the remaining two candidates. When I set my appointment with the doctor, I specifically informed them that I needed a PCR test for international travel. I was given an antigen test instead. I was one of three finalists and so wasn't guaranteed the job, but this mistake cost me the opportunity to even try. Is there a case for damages?
A: Interesting facts...I think the damages would be a bit speculative: as you stated, you weren't guaranteed the position, and otherwise suffered no expense (other than time, etc.). And even if you were able to overcome that hurdle, I would think those damages would be mitigated by your current income. In other words, if the prospective job offered $100,000, and you are currently making $70,000, your damages would likely be $30,000, not $100,000. And of course, you would have to somehow prove what you could have expected in way of wages.
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.