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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 9679
Experience:  Licensed to Practice Law
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Hi, I got a new job in charollet, NC but the joining dateis

Resolved Question:

Hi, I got a new job in charollet, NC but the joining dateis kept postponing.
I was working in MN and got a new job in NC through a consultant. The purchase
order was signed and I was given the joining date as 30th oct.
I resigned from my job in MN and came to NC with my family.
the consultant now is saying that there are some background checks pending and I cannot start.
They should have told me the same atleast few days ago.
My situation is very bad as I left my job, apartment in MN and now I amstaying
ina hotel with my family without any job and very limited cash.
I feel like I was cheated and my whole life is upside down.
let me know if I can go with some legal action?
Submitted: 9 months ago.
Category: Employment Law
Expert:  TJ, Esq. replied 9 months ago.
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

I won't pull any punches, because I know that this is serious and you need honest answers.

Unless you signed an employment contract, then you job is at-will, which means that either the employer or the employee can end the employment relationship or require modification of the terms of employment in order to continue with the employment relationship. Accordingly, generally speaking, your new employer is within his rights to make last minute changes to your terms of employment. Your recourse is to either accept the changes, or quit.

That said, you have a very slim chance because of a legal doctrine called promissory estoppel. Promissory estoppel allows a person to win a lawsuit when a party makes a promise, and the other party reasonably relies on the promise to his detriment, and then the promise is broken. In plain English, you can argue that if you had known that your employment was not certain, then you would never have moved and incurred the related expenses.

But I say that the above argument is slim because if your employment was at-will, then your employer could theoretically terminate you at any time anyway, and a judge would likely tell you that you should have known that and taken it into consideration before moving. If I had to pick odds, I'd say that you have about a 5% chance of winning such a lawsuit, and your employer has about a 95% chance of winning.

I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 9679
Experience: Licensed to Practice Law
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