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.
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