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Question

I got an offer of employment in the summer of 2008 with a fortune 50 company. I was to be making $71,400.00 per annum. I subsequently accepted the offer and on the basis of my acceptance they had conducted a background check and confirmed my acceptance. I was to start in January (specifically the 26th), and at the moment was negotiating relocation package with them. Today, I got a call saying that my offer has been rescinded. On the basis of accepting their offer I have jettisoned a whole lot of other offers. Are there any legal recourse open to me and what the likely outcomes of such litigations are? Do I cut my losses and move on or do I seek redress?
Please find below their letter if withdrawal.
Dear XXXXXX,

Like many companies, xxxxxxxx has been carefully deliberating many difficult decisions to manage the company during these uncertain economic times.   
We regret to inform you that job offers to college hires with 2009 start dates are being rescinded. Unfortunately, current financial conditions have caused the company to take this action. We apologize for such short notice and for any inconvenience this may cause you. Within 30 days, you will be receiving a $2,500 stipend check to help defray any costs you may have incurred while preparing for your new role. You will be contacted if business conditions change and we are able to reinstate your offer of employment. You are also welcome to apply for new opportunities as they become available on www.xxxxxxxxxxr.com.
Thank you for taking the time to apply for this position, and please do not let this result keep you from applying for other available positions in the future. We appreciate your interest in xxxxxxxx. and wish you success in finding suitable employment.

Submitted: 335 days and 10 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Saint louis, Missouri

Already Tried:
None

Posted by INFOLAWYER 335 days and 10 hours ago.

Info Request

what state is the job in?

335 days and 8 hours ago.

Reply

Hi,
Did you get my reply? I replied that the state is Illinois.

Posted by INFOLAWYER 335 days and 8 hours ago.

Answer

i am afraid the employer is free to change the terms of employment including withdrawing offer, terminate the job etc. Now if the offer was made in writing with a penalty in the event the employer breaks it, that is a different matter.

335 days and 4 hours ago.

Reply

I don't understand the explanation you proffered. All my communication with them has been with email, and they have consistently offered me the option of hard copies in paper if I so desired. Are you implying that email offers don't carry the same legal weights as those written on papers? Or put differently, what makes my offer less recognizable in the eye of the law as you have so described: Now if the offer was made in writing with a penalty in the event the employer breaks it that is a different matter. Besides, you were silence on what redress are available to me. Are you implying once again that I don’t have any grounds for seeking redress or even bargaining for some more favorable considerations even where I stand to suffer severely in this instance?

Copy of my revised offer:

Dear Abiodun:

We are happy that you have decided to join xxxxxxx. as a Senior Associate Engineer in the XXXXXXXX located in XXXXXXXX.

As part of the hiring process, we provide an orientation to XXXXX. This orientation enables us to provide you with a wide range of information and obtain copies of documents that are needed to process your offer of employment. Beginning on your start date, Monday, January 26, 2009, you will attend a three-day orientation. The details of this orientation (specific time, location, and additional instructions) will be provided in a follow-up communication directly from an Engineering Rotational Development Representative.

Our offer of employment is contingent on the fact that prior to your scheduled start date with our company, you will have successfully completed each degree you have indicated on our employment application, as well as achieving a cumulative grade point average of 2.8 or higher. You must provide us with an original certified college transcript for each of these degrees. You must request that your transcript for each degree earned be sent to my attention directly from your college or university. If the transcript(s) is not available, a letter from your registrar verifying that all degree requirements have been completed will be a temporary alternative. If you use this alternative, you must provide the original certified transcript within a 3-month period. After these employment offer conditions have been met, this documentation will be placed in your Personal History Folder.

XXXXXX complies with federal law by hiring only persons who can establish that they are eligible to work in the United States. To comply with this law, we must ask you to produce proof of employment eligibility. This proof must take the form of documents described on the attached “Notice to Applicants.” You must produce this proof on the first day of employment, or our employment offer will be withdrawn.

Attached are documents and a checklist you should carefully review prior to reporting for work. You must bring all of the documents identified on the checklist with you, unless they were submitted through the application process. This documentation will help ensure that there are no changes to your start date or to your employment offer.

Again, we are glad that you are joining us. If you have any questions, please feel free to contact me.

Sincerely,

Posted by INFOLAWYER 335 days and 4 hours ago.

Answer

I dont see redress here I am afraid. The law is very employer friendly. You would only have access to documentation if the employer consented or if you enter into a litigation and seek discovery but I dont see a valid legal claim unless the conduct of the employer is based on your race, gender, age or religion .see www.eeoc.gov

335 days and 4 hours ago.

Reply

So from your experience of similar cases, what should be my best response to them?

Posted by INFOLAWYER 335 days and 4 hours ago.

Answer

Have a lawyer send a letter advisinf that thier rescission is not acceptable, that their conduct has resulted in significant losses and damages to you, that in an effort to avoid litigation discussions should commence immediately over a settlement in contemplation of mutual general releases.

335 days and 3 hours ago.

Reply

Im sorry I'm pushing this....but say I still have interest in working for the same employer in the future (which i seriously would love to), would you still consider contacting a lawyer an advisable course of action? Would that also jettison the possibility of them calling me back in the future should the economic horizons improve?

Posted by INFOLAWYER 335 days and 3 hours ago.

Answer

If you want to possibly work there again, involving a lawyer would no be wise. employers dont like employees who may pose a litigation problem. See if you can nicely have some of your expenses covered by reasoning with them.

335 days and 3 hours ago.

Reply

So you think i can negotiate for more than the $2,500.00 they are offering now and still maintain cordiality with them?

Accepted Answer

Ask, press gently but dont push to pursue your dual goal of seeking to increase the offer and keeping the possibility of future employment open as well. Please accept my answer

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Expert: INFOLAWYER
Pos. Feedback: 95.4 %
Accepts: 
Answered: 12/23/2008

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