In late August, I applied for the Product Marketing Manager role for with a large organization and was given a verbal offer with an agreed upon start date of September 23rd. I was promised that a formal offer letter would follow shortly after a few “tick marks” were made. I was very excited to join the organization and offer my talents to the role. Days passed and I had yet to receive the written offer. However, my follow-ups were answered by the Human Resources Department with assurances that the position was still going forward, and the issue was merely “more complicated than originally thought.” I explicitly and repeatedly asked via phone calls and emails whether my position was at risk of being canceled. Two weeks prior to the start date, I was assured no cause for alarm even though I explicitly asked over voicemail and email whether my position was at risk of being canceled. With a lead-time of two-weeks, and no indication that the job was at risk, I acted on that verbal contract. Both my fiancé and I and resigned from our employment, packed our belongings, relinquished our lease to return to San Diego all the way from Germany in order to make the agreed start date. It was only after I had already relocated to San Diego that I received the first indication that there was an issue with my approaching employment at Rovi. Two days later on September 18th and five days before the original start date; I was unprofessionally informed that the position was cancelled. The idea that this organization would offer me a position verbally and influence me to relocate across the globe to meet a set start date strikes me as unethical, and in the state of California, I suspect is would be illegal according to California labor code 970. Due to the fact that I honored the verbal contract presented to me by the team, my fiancée’ and I now find ourselves jobless, homeless and displaced with damages rendered to our finances and career paths. To add fuel to the fire, the job was reposted two weeks later with the same job description. The cancellation of the position originally was stated to have been caused my a change in strategic direction and that the department wanted me; but funding and approval was out of their control. I applied for this new role thinking "here you go; I accept." No dice - I was rejected and only found out after I called the recruiter (who I basically had to find via detective work). The recruiter mentioned that the manager said I was not qualified last week and to not consider me. Why ? Nothing changed since last month. A few days later, the position description was changed without approval to exclude my initial application. Is this legal?
They stated more or less exactly this... - I'll give you a verbal offer - how's that? Salary of 106k base, 10% bonus, $1000 gym reimbursement program and open vacation that you need to approve with your director. Can you start on September 23rd and do you accept this offer?
I said yes
Joseph. Are you there?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).