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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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I was offered a salaried position which I turned down explaining

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I was offered a salaried position which I turned down explaining it was too much for one person to do due to the volume of business...they redesigned the postion and submitted a new offer that included another person to share the work load. I accepted at a lower salary with the expectation there would be two persons performing the job. After two months they have not hired the second person and I am not able to do the job. I quit my job and moved across country...Do I have recourse for reembursment of moving expenses and severance?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

Did you sign a contract of employment specifically stating that, as part of your job, it would include a partner/co-worker to do the separate part of the job?

 

Did that contract guarantee severance?

Customer: replied 1 year ago.


No employment contract. New job discription states that the resturcture would include two persons performing the job as a team. Specific reason for declining the original offer (at a higher salary) was because the volume was too great. They reached out again several weeks later and said that after considering my response that they had redesigned the position to include a second person. They offered me less and I accepted. Since then, I have been trying to perform the job alone. They say they have been attempting to recurit a second person but no one has been added. I feel as if I have been hoodwinked. Do they not have any responsibility to me at all without a contract?

Expert:  Allen M., Esq. replied 1 year ago.

Ok. Here's the issue. Anything that is not an employment contract is "at will."

 

That means that it can legally be altered at any time, with or without your consent. This is the law in every state but one (and it is the law in your state).

 

So, there isn't any contractual basis her for severance or relocation expenses. No state actually requires either of those. So, the only means for you to demand that from this employer is to have a legal basis for a lawsuit.

 

No, you state that you relied on their promise and you have emails concerning their promise. While that is not the same as a contract, some states consider that a quasi-contract or use the law of "equity" through something called promissory estoppel. You can read a case about it here:

 

http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=4628

 

South Carolina is actually one of the states that still allows this form of lawsuit, so your trouble will be finding an attorney in your state that is willing to take the claim. It is a legitimate basis for a lawsuit though, so you might consider just sending a demand letter with some amount that you feel is fair, with a deadline for a response. Make clear that if they don't respond favorably, you'll be forced to initiate the "promissory estoppel" claim.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15690
Experience: Employment/Labor Law Litigation
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