Legal Question in Employment Law in Massachusetts

Hired a Candidate in Error

We committed to starting a candidate for a sales position. This candidate attended a training/seminar prior to starting with our firm. The seminar identified a lack of qualities and skills that are required criteria to be successful in this position.

This candidate has left her current employer to begin her career with our firm.

Could we encounter any ramification by not starting this candidate?

This person has been added to our payroll records and has been compensated for her attendance to the seminar.

Thanking you in advance


Asked on 9/27/05, 12:59 pm

1 Answer from Attorneys
Evan Fray-Witzer Law Office of Evan Fray-Witzer

Re: Hired a Candidate in Error

In the past, I might have told you that there was not a great deal to be concerned about -- primarily because, in an at will employment state (which we are), you are free to terminate an employee for most any reason. The theory was widely understood to apply also to withdrawing offers of employment. In a recent Superior Court decision, however, the Court held that an employee who relied on a promise of employment (i.e. quit their old job), could recover against an employer who withdrew the offer, but only if the new employer had made some sort of misrepresentation to the prospective employee. Based on the limited facts presented, I can't tell you how concerned (or unconcerned) to be, but it is likely an issue that the company should review with employment counsel.

Evan

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Answered on 9/27/05, 5:55 pm


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