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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3987
Experience:  Contracts, Wrongful termination and discrimination
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Got a job offer from a recruitment company

Resolved Question:

Got a job offer from a recruitment company for computer services. The gave me a contract and went through all their on-board paperwork. They provided a start date and once they had email me the contract, I put my two weeks notice. The company went back on their contract. Do i have case against them?


To add, i have been reading about Promissory Estoppel. 


 


Roberts v. Geosource Drilling Services, 757 S.W.2d 48 (Tex.App.-Houston [1st Dist.] 1988, no writ).

Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Yes, you likely do depending on what the contract said.


Are you able to send a scanned version of the contract my way for review?

send as PDF attachment toXXX@XXXXXX.XXX attn: zdnlaw re: http://www.justanswer.com/employment-law/7wotk-job-offer-recruitment-company-computer-services.html?mode=qa

Also, can you tell me what state this took place in?

Customer: replied 1 year ago.

I live in Louisiana, the recruitment company is out of dallas,TX.


Will send it shortly..

Expert:  Zachary replied 1 year ago.
Thanks. I look forward to receiving it. As soon as I get it, I will send you a message through this forum regarding my analysis.
Expert:  Zachary replied 1 year ago.

Hi, I've received the contract and have reviewed it.

 

So, this is a contract that you have signed with the staffing company, not the customer.

 

Did Optimal provide you with any reason that they have decided to not start you on the promised date?

 

Did the customer decide to terminate their contract with Optimal?

 

Did Optimal actually sign this contract?

Customer: replied 1 year ago.

there is a total of 3 companies involved. the staffing company Optimal, a consulting company Accenture and the client Coke. It seems like Accenture needed to have a contract with coke for this position. This contract was never signed. I dont know if optimal had a contract with Accenture or not. I was told of the Accenture/Coke contract on July 11th, the day after i put my two week notice. I was told by optimal that it was %99 signed and it would be done the next day on friday. Well, it never got signed. I have emails from Optimal confirming me for the position. They in fact wanted me to start immediately but i had to give a two week notice to my employer. Here is the response from optimal HR business partner when i asked her what was going to happened come July 29, the 1st day of our contract.


Hi Sergio-
"To my understanding your contract was never fully executed. The client decided to not fill the position at the last minute and we will not be requiring your services at this time. You will not be receiving any compensation from Optimal. Your resume and information will be kept on file, and if a position becomes available we will reach out to you. Please let me know if you have any other questions. Thank you. "


 


So, my question is why offer me a contract and ask me to give my two weeks if they did not have a contract.

Expert:  Zachary replied 1 year ago.
That was definitely irresponsible of them, but there are legal issues at play here that might prevent you from recovering anything.

First, you are stating that they told you that the deal was only 99% signed, meaning that it was not signed but they expected it to be. You did not have a signed contract with Optimal either. So in good faith on your part, you gave your two weeks notice before receiving a 100% confirmation from optimal and before they signed the contract with you.

This means that there is not an enforceable contract here. But, as you mentioned earlier, this is where the theory of Promissory Estoppel comes in.

It sounds to me that they promised you a job and send you the contract, which you were going to sign and then moved in your position (by giving your two weeks notice) based in reliance on their promise and contractual offer. This arguably entitles you to damages for your lost wages.

You will be under a duty to mitigate those damages, and will need to see about getting gainfully employed again (or getting your old job back).

You would need to file this lawsuit in Texas in Irving against Optimal. Promissory estoppel is not a simple claim and requires a lot of case law research, so it would be best if you hired an attorney to represent you in this case.
Customer: replied 1 year ago.

just to clarify..


Oh july 10th, i got this from the Hr Analyst.


"Dear Sergio,



Welcome to your new assignment at Accenture/Coke with Optimal Solutions! We are very excited to have you representing Optimal at the client site.



To complete your on-boarding process, please make sure you have completed all the items in the checklist below:"




On also july 10th, i got this from the recruiter:



"Today you will get a link for background check and form for some more information. Once you complete it you will get the contract.


Sooner you complete the ADP check form we can send you the contract and it can be today as well.



But once we start the paperwork, it means that you are confirmed so please feel free to give your notice."



I did get a lot of documents from them on that day and one of them was the contract.





On july 11th,



I got a call from Optimal stating that the contract between Accenture and Coke was not signed and that it would be done the next on friday.

Expert:  Zachary replied 1 year ago.
Did you sign the contract and send it back to them?
Customer: replied 1 year ago.

yes i did.

Expert:  Zachary replied 1 year ago.
Ah...that's a better position. With these emails, it is a very plausible argument that them sending the contract to you was an offer, and thus you sending it back signed binds them to the terms. Thus, you do in fact have a breach of contract claim.

Customer: replied 1 year ago.

Now, i just went back to see when i sent it back and it was on the sunday the 14th. Would that be an issue?

Expert:  Zachary replied 1 year ago.
When was this email sent:

Hi Sergio-
"To my understanding your contract was never fully executed. The client decided to not fill the position at the last minute and we will not be requiring your services at this time. You will not be receiving any compensation from Optimal. Your resume and information will be kept on file, and if a position becomes available we will reach out to you. Please let me know if you have any other questions. Thank you. "

Also, something else to think about, the contract itself states that "the terms included in this agreement (including but not limited to assignment duration, bill rates, etc) are defined by customer requirements and may change on short notice." Additionally, the contract provides that "this Agreement may be terminated by Optimal, at will, at any time, with or without cause, upon termination of the work statement or contract with Optimal's end client." In this case, they could say the contract with the end client terminated and thus they were allowed to terminate your contract immediately pursuant to the terms.

If they were allowed to so terminate the agreement, then they can say you were not damaged.

Your counter-argument would be that they have repudiated the agreement and cannot stand on that term to defend them from the damages that they caused.
Customer: replied 1 year ago.

I got that email on July 25th.

Expert:  Zachary replied 1 year ago.
Then you may still claim that they are bound by the contract. What happened to you is definitely not fair. If you could get it through to a jury (past summary judgment), you would likely get an award. This means that it might also trigger a settlement.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3987
Experience: Contracts, Wrongful termination and discrimination
Zachary and 5 other Employment Law Specialists are ready to help you

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