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Loren, Lawyer
Category: Employment Law
Satisfied Customers: 33527
Experience:  More than 30 years in legal practice.
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I was recruited by a very large company. I agreed to fly up

Customer Question

I was recruited by a very large company. I agreed to fly up for an interview which went very well. They agreed to get back to me 2 days later, which they did. At that time HR told me it was "A definite yes" but Atlanta might not be a fit. they asked if I could relocate to Dallas or Chicago. I told them that would be hard for me to do but to send me the paper work for the relocation package, which she did 15 minutes later. We talked salary and bonus and it was all very appealing. She told me that if I called her up on Monday (we talked on a Friday) and was willing to relocate that it was a go. She also told me she would get back to me about the Atlanta job with a definitive yes or no. On last Wednesday she emailed me that Atlanta was a no go but that Dallas was an option and she would call me Monday to discuss details if I was open to relocation. I emailed her back that I could relocate and looked forward to finalizing the details. She was supposed to call Monday. She has still not called.
What makes this more complicating is that my child's mother works for this large company. The day after my interview she sent me a text message letting me know she found out I had interviewed with the company and that one of the people I had interviewed with was at her wedding a few months ago. He had called her after the interview to talk about it. She also told me that she knew a lot of the people I would be working with in the Atlanta area. This is why I assumed that they offered me either the Dallas or Chicago position.
My question is, is this not a implied contract? I was sent the relocation package and told it was a yes. We discussed salary and bonus structure. On top of that is it not either illegal or unethical for someone that I interviewed with to discuss that with someone outside the process?
I am thinking about hiring an attorney and suing for breach of contract.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Loren replied 10 months ago.

Thank you for using JustAnswer. I am Loren, an Illinois licensed attorney for over 30 yrs, and I look forward to assisting you.

Customer: replied 10 months ago.
look forward to hearing what you have to say
Expert:  Loren replied 10 months ago.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Customer: replied 10 months ago.
I am ok with a written response.
Customer: replied 10 months ago.
I am sorry, not sure how this process work......will you email me an answer or do I need to keep this page open so you can reply here?
Expert:  Loren replied 10 months ago.

Unfortunately, the case law is pretty consistent. In employment situations there is no contract until it is in writing and signed by the parties. Without a written contract, any verbal offer of employment is revocable at any time. So, it is going to be nearly impossible to recover anything under the circumstances you describe.

A longshot possibility is a recovery under the equitable theory of "promissory estoppel". The elements of promissory estoppel are: (1) a clear and definite promise; (2) made with the expectation of reliance thereon; (3) the promisee in fact reasonably relied on the promise; and (4) detriment of a definite and substantial nature was incurred in reliance on the promise.

The new employer was aware that you would rely on the offer. Therefore, while their offer of at-will employment is rescindable, because they knew you were going to rely on this and incur expenses, they may be liable for your damages for putting you in this position. It is a longshot, but, I believe, your only possibility for any recovery.

While there is no requirement that you retain an attorney, equitable remedies always involve complex litigation and retaining experienced counsel is strongly recommended. If you need help finding a local litigation attorney, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty.

Expert:  Loren replied 10 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 10 months ago.

Did you have further questions? Have I answered your questions?

Expert:  Loren replied 10 months ago.

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