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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 7352
Experience:  Significant experience in all areas of employment law.
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Hi there, I was contacted through LinkedIn and asked to

Resolved Question:

Hi there,

I was contacted through LinkedIn and asked to meet with this entrepreneur who explained all of his credentials to me and he offered me a lot of money to start working with him and the title of Chief Marketing Officer. I felt like it was too good to be true (at 25 years old) but I loved his ideas and he loved mine and it felt like it could be a good fit to work together. He sent me a formal offer letter offering me $95,000 with a 20% bonus at Christmas, and 4 weeks vacation time. We have a lot of emails going back and forth about his legitimacy and my concerns and all of the questions i needed answered. Everything seemed to check out, even when I gave my offer letter to two lawyers to look at. So at the time my lease was up in NYC and so I asked if he would write me a letter of employment stating my salary, etc. so that I could get the apartment and he did so and signed it.

A week before I was supposed to start I got an email from someone who heard he was working with me and they advised me to stay away and they were going to sue him. So I confronted him about it and he backed off and said he no longer could work with me and that he won't be starting the company he was going to. But then he offered me to do some independent contracting which I did do because I needed the money. After one payment he told me that he would no longer work with me because he didn't see a need for it. I now have an apartment that I can no longer afford due to his lies and I almost quit my current job for him.

Is there anything I can do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good afternoon and thank you for entrusting me to answer your question. I am very sorry to hear about this rescinded offer of employment and the problems for you it has caused.

Unfortunately, there is likely no basis for legal action. Employment in the state of New York is presumed "at will" absent and express and unequivocal agreement to the contrary. At will employment can be terminated at any time for virtually any non-discriminatory reason, regardless of whether the basis is fair or reasonable.

Thus, while it is certainly poor form to have backed out of this employment arrangement on the basis of the facts you have described, it would not be illegal to do so. Similarly, it would not have been illegal for him to fire you after your first day, or first week. Unless you had a guaranteed term of employment, you could be let go at any time--including before you actually start.

This is a fundamental principle of employment law in the state of New York and for that matter all states but Montana. I am very sorry but there is likely nothing that can be done, despite the understandably frustrating and unfair impact that has had on you.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 7352
Experience: Significant experience in all areas of employment law.
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