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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33703
Experience:  15 years practicing attorney
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I was recruited by a company named Affirm, who were partners

Customer Question

Hello, I was recruited by a company named Affirm, who were partners with a company named total card. Affirm offered $75,000 a year to manage their portfolio in Total card. with a 3 - 5 year plan when they break off of total card, they wanted to start their own call center with me as their director. We negotiated back and forth on face book messenger and after much discussion I agreed to start meeting the management of both companies. I went through the interviews and Total card advised that they would only offer $65,000 a year. I reached out to the Affirm representative that I was working with and I advised them I would accept the $65,000 and hope they get it fixed. and they advised me to decline it so they could get me the $75,000 a year they offered. They would get back to me that Tuesday or Wednesday. I did not hear anything, so I reached out a again to find out where we were. they said it was casuing to many issues between the 2 partners, so they were forced to pass on me. (Very short version) I feel I lost this huge opportunity because they told me to decline the offer because they would fix it. I have it all in a facebook chat to.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: South Dakota. Affirm is based in San Fransisco CA. They are a group of VP's that were involved in the start up of pay pal. Total card is out of Sioux Falls SD
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is all in writing from face book messenger. I have reached out to several employement attorneys here, but they all seem to be friends of the Total card owners so they say it would be a conflict of interest. Most of them had said that is what happens in a smaller twon. The Director of HR at total card said that Affirm should have never been negotiaing or talking about wage with me.
Submitted: 23 days ago.
Category: Employment Law
Expert:  Barrister replied 23 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am sorry to hear that the job didn't work out.

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Are you asking if you have some type of legal recourse against them for not hiring you? If so, then unfortunately the answer is no. Unless you have a written fixed term contract, all employment is "at will" meaning that they can hire or fire you at any time, for any reason, or no reason at all.

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The fact that you took their advice to reject the lower offer wouldn't make them liable to you as they had no legal or fiduciary duty to you to represent your interests. They just suggested you reject the offer and you made the decision to act on their suggestion..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 23 days ago.
Thanks, ***** ***** it. Please help me uderstand this part. I just find it crazy that we are so heavily regulated on the interviewing and hiring process as an employer, that this would be legal even though we are a at will state. I was going to accept the offer. I have it in a message from them that I was going to accept the offer and they told me not to because they will fix it and get me the correct offer. So, I listen to the people that are hiring me and lose the job because I listen to them in the hiring process.
Expert:  Barrister replied 23 days ago.

You are very welcome. Happy to help any time even though the new is pretty lousy.

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The thing is, you could have accepted their offer if you had wanted to, even though they told you not to. The decision was yours. But even then, they could have fired you the next day or at any time before you started working.. that is what "at will" means.

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But on the flip side, you couldn't be forced to work for them if a better $80K job came along and you wanted to take it.. .

So it goes both ways...

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thanks

Barrister

Customer: replied 23 days ago.
ok, thanks
Expert:  Barrister replied 23 days ago.

You are welcome...

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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Thanks much

Barrister

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