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Questions about Verbal Job Offer

Verbal offers of employment are made very often. Yet, until something is specified in writing, it is possible for the offers to be rescinded. If you have questions about verbal offers relating to a new job opportunity or a potential employee, get in touch with Employment Lawyers on JustAnswer for legal help. Listed below are a few questions answered by the Lawyers on JustAnswer regarding verbal offers.

I live in Florida but accepted a verbal offer of employment to work in New York. I have emails that not only show me expressing my gratitude but also show how the company was happy to have me on their team. I was told that HR would be sending me the offer letter soon. Sometime later, the COO, who happened to be in town, wanted to meet with me. We had a five-minute meeting and later that evening I received an email rescinding the offer. I turned down another job opportunity in Florida to accept this one. Do I have a case against my potential employer?

Unfortunately, it is possible for an employer to make an offer to a potential employee and then withdraw it. However, if the employer makes a claim intentionally so that you end up losing your job, then you would have a legal case.

I am in Louisiana, and the human resources representative of a company made me a verbal offer of employment by telephone and said that I would be contacted soon for an employment physical. Later on, I was told that my job was no longer available. I did turn down another offer after I accepted this one. Can I take legal action against my potential employer?

The state you are in is an at-will employment state. So, there is nothing that you can really do if your job offer is withdrawn. The only possible legal case that you might have is if you were dependent on the job offer and moved residence or spent a big sum of money related to taking this job. However, even in that case, your employer could still terminate you even if you have worked for just a day.

A high school in Pennsylvania made me a verbal offer of employment recently. Later, when they discovered that I had been on “administrative leave” in my former place of employment, my calls and emails went unanswered. It’s been a week and I haven’t heard from them. Should I assume that the offer has been rescinded? Would I have a legal case against them?

If the school has given you a start date and hasn’t informed you if there is a change or cancellation, then you can assume that the offer still holds and show up at the premises on that day. However, if there is no start date in place and they have stopped communicating with you, then you can assume that they have rescinded the offer. If this is the case, then it’s possible that you cannot take any legal action since there is no signed contract in place and it’s just a question of your word against theirs, based on a verbal offer.

A woman, known to our hiring manager, was made a verbal offer of employment by the company. However, she hadn’t filled an application yet. Later, we realised that her ex-husband works for us and threatened to leave if we hired her. Can we take back the employment offer to the woman since it was only a verbal offer?

You may not discriminate against hiring potential employees on the basis of color, sex, age, national origin, ethnicity, religion, and disability of an individual. But you could change your decision based upon your understanding of a personal conflict. So, in all possibility, you could take back your offer of employment in this case. It would be better though if you didn’t specify the reason for doing this and simply withdraw the offer.

It is important for both employers and employees to know the implications of accepting and withdrawing a verbal offer of employment. You can always contact Employment Lawyers on JustAnswer and have them answer your questions both quickly and at very reasonable rates.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
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Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Verbal Offer Questions

  • Is it legal for an agency to withhold a paycheck if you don't

    Is it legal for an agency to withhold a paycheck if you don't submit your time sheet on time?
    I work for a mental health agency. I have been one day late submitting my time sheet. I was told if I do so again I would get a verbal warning and then I would not get paid.
    Can they really do this - can they withhold my paycheck when I am submitting my time sheet but it has been late?
  • Question is regarding IT consulting services on C2C, and the

    Question is regarding IT consulting services on C2C, and the client is in midstream requiring that resources convert to W2, citing they based on new government regulations must refer to all 1099 resources as flexible resources and as such be treated as employees and like any employee be offered a range of health benefits that the employee can accept or decline.
    Now this makes sense if the consultant is an independent 1099 contractor resource, but isnt there a difference between a 1099 resource and a consulting firm, an entity, with its EIN, its own health benefits and employees, and is suppose to be on C2C , paid on ACH? It just so happens that the owner of the firm, is the consultant, and in this case is providing software development assistance to a team made of employees and contractors at the customer who is now mandating that the consultant/owner become a W2 resource of the client.
    3 x challenges. The owner has business checking, investment, and all kinds of dependencies on the source of revenue, that would now be for granted due to now instead expect salary and have it direct deposited to a non-business account. Secondly, the owner has several clients, many of whom are vendors, suppliers, and even partners of the primary client. The owner does not do business with the primary client's direct end clients, but certainly does business with a lot of the same vendors and partners who may even ask for resources to staff on the primary client's projects. In essence a W2 would mean they would have to write a very specific set of agreeable terms to allow such affairs to remain in tact. Any language that applies to direct or in-direct competition would have to be revised to exclude entire industries , not just list of companies. Lastly, how would one company doing business with another company be classified as an employee of the other... How does a consulting company provide consulting services if every client mandates that their vendors become employees.
    Here is the notification from the client regarding the change in which they specify I must become employed as a W2 resource:
    Due to some corporate goverment regulation changes, ABC needs to convert all 1099 resources to Flex hourly resources. This basically means that you will enter your hours in our MYHR system each week and we will reduce your hourly rate to cover the corporate taxes and then deduct employee taxes, providing you with a bi-weekly paycheck and W2 at the end of the year.
    In additional, ABC is pleased to offer you optional comprehensive medical and prescription coverage. With this change we will be retiring the term 1099 resource and replacing it with Flexible resource. As a Flexible resource you will have the option to select coverage or decline coverage, nothing else will change regarding your position with ABC or any other benefits. Please review the attached letter and benefits information. Please email me the attached letter completed and with coverage elected or declined by the end of the day on Monday, December 22nd. Should you elect coverage, your hourly rate will be reduced as noted in the offer letter. Should you decline coverage, your hourly rate will remain the same and nothing else will change. As an existing 1099 resource, you will not be required to complete a drug screen or criminal history check as noted in the offer letter.
    I know this is a lot to understand and I’m sure you have questions. Please let me know when you have time to schedule a call to attempt to answer your questions or get you answers as needed.
    Our offer to you is included below:
    On behalf of ABC, I am pleased to offer you the position of Flexible Resource
    reporting to John Doe at a rate of $159.05 per hour. Employment will commence on
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    ....
    The C2C rate is $170/hr.
    Thanks,
    RJ
  • I accepted a job in DC when I lived in Pittsburgh. My husband

    I accepted a job in DC when I lived in Pittsburgh. My husband agreed to step down from his job in Pittsburgh and look for a job in DC and we had someone interested in buying our house. However, the sale of the house fell through and a promising interview for my husband did not result in a job offer. My company covered 2 weeks in a hotel and a house hunting trip as part of their relocation policy. Since they only covered a short period, and I no longer had my old job in Pittsburgh, I had no choice but to stay in hotels and sometimes commute in order to keep my new job in DC. I couldn't afford even a small rental in that expensive area while I still had a mortgage. After 2 1/2 months of commuting and spending thousands on hotels, I felt I had no choice but to step down. Now the company is saying I owe them for the house hunting trip (a 1 night trip) and the 2 week hotel stay, which includes service fees for the relocation company that my company directed me to use to book the hotel. These expenses come to $4400. I've already paid thousands of dollars of my own money on hotels and now the company wants me to pay thousands more. Not only did I not know the exact amount of the service fee or hotel ahead of time, the company's relocation policy says that, if you are 'relocated' and leave voluntarily within one year, you must pay them back. Since I never relocated, I don't believe I owe them. The company would have covered all expenses of a move but I never moved and this is why I had to step down! I told them I'd try to pay them what I could but I really don't think I should have to pay this bill. They wanted to be paid by the end of the year. I left in November and they told me at the end of November that they wanted the money by the end of the year or it would be 'taxed'. I'm not even sure what they're talking about. The only contact I had with them was over the phone in November. I never received an invoice or breakdown of the expenses that they claim I owe. I'm in grad school and do not have a job yet (I couldn't get my old job back) so I'm not even in a position to pay them, at least not all at once. And the policy does not have any guidelines for repayment. Any advice?
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