Seeking advice: Employer revoked accepted job offer

I got a call this morning from my new boss for a job I was expected to start on Jan 18. He told me the company has decided to go in a different direction and is revoking the job offer that I accepted last week. After giving him a good ass reaming to make sure he knows how bad he's farking me over (I've already given my notice at my current job and I know a replacement has been selected) I told him I have to process this and he'll be hearing back from me. I knew I had only one chance to ask the right questions and that wasn't the right time because I steaming mad.

From searching various legal websites and a Business Law textbook from college it seems I'm SOL as this is a will to work employment, I did not sign a signing bonus, it did not cause me cut business ties with any customers or clients, nor did I incur any relocation expenses.

From the conversation this morning I think the position is not being eliminated and they are giving it to someone else. If that's the case, can they do that? I'm obviously qualified for the job and have signed all the obligatory "new employee" paperwork to start the job. Does an employer need to state specifically how "they're going in a different direction"?

And here's something that has me thinking: Three years ago I suffered a work related injury and was on workers comp for two years and had settled it with a one-time lump sum payment. Can something like this be picked up on a background or credit check? I'm going to contact my WC lawyer on Monday and see what he makes of it.

I've never been in this situation before nor have I known anyone else to be so I'm not exactly sure how something like this should be handled.

Thanks in advance for any advice.

Boy, that sucks. I'm not a lawyer, nor do I have any experience with human resources. But I don't think you have any recourse. You could have reneged on the deal, too. If it had gone the other way, and you got a better offer after you accepted theirs, they wouldn't be able to sue you either. Since it's an at-will employment, either one of you can walk away. You could have started and worked a week before they let you go, which would have been far worse.

Since you gave notice at your current employer, though, maybe they would be willing to offer you something if your employer can't (or won't) take you back.

drinks,

Sorry to hear about that. I had a similar situation a number of years ago, though fortunately my (then) current employer had not yet replaced me, so I was able to go back.

If your state does not have any right to work laws, you may be SOL.

As far as your work comp situation, yes that can be picked up on a background check. I am a WC Insurance fraud investigator, and find information out about prior claims all the time. It is possible that your prospective employer found out about your prior claim. If this is what happened (hard to prove), you may have a case against him. It is a violation of federal law to discriminate against someone with any disability, provided your disability does not prevent you from doing the job.

Additionally, they cannot refuse to hire you simply because you had a worker's comp claim.

However, I don't think that a WC lawyer is the guy to go to; you want to find a good labor lawyer. Your WC lawyer may not know about discrimination laws and right-to-work laws.

I wonder whether you can file for unemployment? You left a job for the purpose of taking this job, then they pulled the plug out from under you. You completed the new employee paperwork, so I'm thinking you are technically the new employer's employee, so this would go against them.

In the meantime, relax, don't worry, have a homebrew.

definitely talk to a lawyer about this as you performed an action based on their job offer and are going to incur lost income because they pulled it.

Sorry to hear about your situation, explore this sight maybe they can help you?
http://www.eeoc.gov/

hercher said:

As far as your work comp situation, yes that can be picked up on a background check. I am a WC Insurance fraud investigator, and find information out about prior claims all the time. It is possible that your prospective employer found out about your prior claim. If this is what happened (hard to prove), you may have a case against him. It is a violation of federal law to discriminate against someone with any disability, provided your disability does not prevent you from doing the job.

Additionally, they cannot refuse to hire you simply because you had a worker's comp claim.

However, I don't think that a WC lawyer is the guy to go to; you want to find a good labor lawyer. Your WC lawyer may not know about discrimination laws and right-to-work laws.

I wonder whether you can file for unemployment? You left a job for the purpose of taking this job, then they pulled the plug out from under you. You completed the new employee paperwork, so I'm thinking you are technically the new employer's employee, so this would go against them.

Click to expand...

I wasn't sure but I never would have thought a WC claim would pop up on a background check. Thanks for the info. I was going to contact my WC lawyer to see what info he could give me and use him as a stepping stone. Turns out my father knows a labor lawyer so maybe I'll be contacting him Monday as well.

As for unemployment, I'm going to beg for my old job back on Monday. I know a replacement had been selected but I don't know if that person had even been notified yet.

Thanks for the replies guys. Sucks this happened on a Saturday morning because I can't do a thing right now. I'm going to contact a couple of people on Monday and see what I come up with.

I was offered the job the day I signed the background and credit check authorization forms. I know before I had said I think they decided to give the job so someone else (boss's kid, etc) but I have a feeling that the reports came back and the WC claim irked them.

Its been a rough 3 years and this is the second time I've had a career start pulled out from underneath me. I've been applying for jobs since Dec 08 - 224 job applications total and a PT job is the best I've been able to get before this job offer came along. I thought this was finally going to let me end this chapter of my life. I'm digging into the back of the beer fridge tonight and pulling out something special.

There is a positive side to this though very,very small compared to what could have been but I had been invited to brew at Mayflower Brewing after the new year and was going to have to pass it up because of this new job.

I'm from Canada but,

Usually when you sign "new employee" paperwork it will contain a lot of clauses like "Your first year of employment will be considered a "probationary period" wherein your employment may be terminated at any time for any reason, or for no specified reason".

Basically, if the company has just hit a rut and can't afford to hire you, you're probably SOL, unless you signed an actual contract entitling you to a specified term of probationary work. However, if it is provable that you have been discriminated against in some way then it is a good idea to talk to a lawyer I think. Then again, lawyers cost money, time, and frustration. If it were me I'd just start looking again, but I've never been in a situation like yours and I imagine the frustration would get me in the exact same way.

I hope you get some recourse. Best of luck

Well I was able to secure my current job this week. My boss and hospital division director were understanding and sympathetic and were able to take care of any necessary paperwork and processes. The person who had been selected to replace me hadn't been offered the job yet so I feel good that they aren't having a job pulled out from underneath them either.

I spoke to a couple of lawyers, explored all my options and exhausted all my resources. I pretty much knew I wasn't going to get anywhere but had to do everything I could have so I wouldn't regret it later. I'm anal like that and I have a hard time forgetting stuff like this. To put a positive spin on this, at least I'm well versed in employment laws involving offers, contracts and workers comp.

I found the job posted on Monster today while job hunting. I wonder what that's supposed to mean in regards to why my offer was rescinded.

If your boss was kind enough to offer you your job back why are you still job hunting?

It is likely that you not only gave your potential employer the permission to check your background but also their insurance company. Bet your ass the insurance company found your name on claim list. Ain't America great!?!

Unfortunately, as an employer, I would think twice about hiring someone with a history of a large comp claim. I go out of my way to avoid the claims. When my men get hurt on the job I try to pay out of pocket so they don't make a claim. Once the rates go up they never come down.

tpgsr said:

If your boss was kind enough to offer you your job back why are you still job hunting?

Click to expand...

Its part time.

Are you looking to sue? Sorry, but they aren't bound to you yet.

And, at this point, do you really want to still work for them now? Especially knowing their "management tactics"?

Better to go groveling back to your old job or just keep looking. Sucks I know. but without a contract term or expenses incurred to start they aren't obligated to you.

Reedwalker said:

It is likely that you not only gave your potential employer the permission to check your background but also their insurance company.

Click to expand...

I wanted to find out how easy it is to access that kind of information and my lawyer said while its made public its not so easy to access the Industrial Accidents Records. So who knows, maybe they did see the claim and maybe they didn't. I'm not going to find out at this point.

GilaMinumBeer said:

Are you looking to sue? Sorry, but they aren't bound to you yet.

And, at this point, do you really want to still work for them now? Especially knowing their "management tactics"?

Better to go groveling back to your old job or just keep looking. Sucks I know. but without a contract term or expenses incurred to start they aren't obligated to you.

Click to expand...

Nope not looking to sue. Just looking to learn the laws and see if I had any options, rights, etc.

And no I don't have any interest in working for them now. If I wanted to think positively, I guess I could say its better I find out how they operate now than find out later down the road.

DrinksWellWithOthers said:

Nope not looking to sue. Just looking to learn the laws and see if I had any options, rights, etc.

And no I don't have any interest in working for them now. If I wanted to think positively, I guess I could say its better I find out how they operate now than find out later down the road.

Click to expand...

Perhaps call back and ask why they chose differently. I'd bet their original choice backed out and then back in. Or, they found someone as equally qualified but willing to start for less.

Sorry to hear about it.
Going forward...
I presume you were rated some sort of disability with the WC settlement, right? If so, does your desired job have physical requirements that could be impacted by the disability/limitations?
Did you fill out all employment applications honestly about the claim, if it is asked? (i don't know whether you can legally ask about a prior WC claim, tho).
just a few thoughts.

I've tried to contact them twice and both times I've been unsuccessful. All I'd like is a reason.

I thought maybe they decided to not fill the position at this time, give the job to someone with better qualifications, someone who would do it for less money, or even the boss's nephew who all of a sudden needed a job. BUt if it was about money then hell they could have asked me about it. I'd entertain the idea if it was reasonable.

The fact that the job is back on Monster makes me think I was the most qualified, something about my candidacy changed their mind and now they're interviewing again.

DrinksWellWithOthers said:

I found the job posted on Monster today while job hunting. I wonder what that's supposed to mean in regards to why my offer was rescinded.

Click to expand...

Apply again, and when you get a call/interview, pretend like you've never heard of the company

AZ_IPA said:

Apply again, and when you get a call/interview, pretend like you've never heard of the company

Click to expand...

Ha. You should so do this. This process can be so impersonal they'd prolly not notice. And when you are interviewed by the same person again, if they notice, ask why then.

If nothing else, you could learn about some sort of crossed info. My Dad has the same name as me and his crap crosses mine all the time. It's a freaking nuisance. I had to clear up numerous accounts of his that crossed on to my credit. And taht is a royal pain to do.

midfielder5 said:

Sorry to hear about it.
Going forward...
I presume you were rated some sort of disability with the WC settlement, right? If so, does your desired job have physical requirements that could be impacted by the disability/limitations?
Did you fill out all employment applications honestly about the claim, if it is asked? (i don't know whether you can legally ask about a prior WC claim, tho).
just a few thoughts.

Click to expand...

I'm physically able to do the job I was offered. I've come a long way in the past few years. In the beginning doctors told me my condition was inoperable due the location of the (4) herniated discs and there was too high a risk of paralysis. They told me to get a desk job and basically deal with the fact I'm going to be physically disabled for the rest of my life.

Well I've gone through four rounds of physical therapy and a year and a half at the gym. I can run, jump, lift and carry 50lbs, sit, stand and walk for extended periods of time. Granted sometimes I need to sit or lay down for a bit or stretch out. I've even lost 25 pounds since this summer. Sometimes my back bothers me a bit but it doesn't worry me like it used to.

I was never asked about my physical abilities during the interview or on any paperwork. And I wasn't asked about the gap in my resume either. However if they had asked I would have told them. I'm an honest person and I'm proud of how far I've come since Oct '06.

I missed the bit about WC claims.

Yeah. That **** will follow and bless with you. Shouldn't but it does. Not sure how either.

DrinksWellWithOthers said:

I've tried to contact them twice and both times I've been unsuccessful. All I'd like is a reason.

I thought maybe they decided to not fill the position at this time, give the job to someone with better qualifications, someone who would do it for less money, or even the boss's nephew who all of a sudden needed a job. BUt if it was about money then hell they could have asked me about it. I'd entertain the idea if it was reasonable.

The fact that the job is back on Monster makes me think I was the most qualified, something about my candidacy changed their mind and now they're interviewing again.

Click to expand...

I interviewed for a job and was picked as one of the top five of 50+ applicants. The interview lasted hours and included a tour of the whole facility "where I would be working" and introduced me to a few of the guys. He was so excited about the interview and gave me a huge hand shake and big smile when I left. Turns out my old boss got the job. I had the guys email, he was regularly answering my emails before the interview. After that he never once repiled nor did HR. Never told me I was not selected by letter, phone, nothing. I guess once they pick someone else they forget about you. This was a fairly big nationwide start up company too.