Legal Question in Employment Law in Alabama

Detrimental Reliance

My husband was contacted by a headhunter for pharm.co .He had a phone interview with a mgr in that company, then was asked to fly to NC for a presentation & followup interview. He was interviewed by the potential manager, her manager and project planner. after this he received a call enthusiastically offering him the position, salary agree upon. He was sent a benefits package, laptop, cellphone by FedEX. Also included were corporate policy info, He completed the info and returned the packet. The next day he got a phone call from mgr asking if he recvd an offer letter. He stated that he had not. She said they forgot to include it. Next call was that it had to be reviewed by CEO as it (salary) but that it was just a ''formality'', that she didn't think there would be a problem. My husband gave his current company two wk notice. HE received a call from the new mgr stating that the CEO decided to rescind the offer and ''realign their assets''. My husband immediately called his former mgr and asked for his job back. He was told that they accepted his resignation and that it was final. So at this point, he has no job, our health benefits will be canceled at the end of the month,


Asked on 6/06/03, 12:31 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Detrimental Reliance

Your question is difficult to respond to. However, here goes. You may have a claim for misrepresentation against the company. YOu would have to look at headhunter agreement to see what it says. Since you relied on representaion that you had job, you gave notice. However, employer will say that offer was conditional on approval by CEO. No case is easy and they are all costly. Issue of jurisdiction may also arise - they will say NClaw governs becuase negotiation occurred there. You could sue in Federal Court so long as they don't have an office or do business in MA. First get a new job, then think about suing. COBRA benefits cover you for 18M

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Answered on 6/06/03, 5:28 pm


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