Legal Question in Employment Law in Arizona
An AZ company aggressively pursues me for a Directors job. At the time, I am gainfully employed with a great job in New York (where I resided). The owner verbally made promises as well as guaranteed my 1st 12 months pay.
After a long and arduous recruitment process I accept the job. This is a major move, as our home, family, friends and an auto restoration business that I own are all located in New York. We have nothing in Phoenix except for this job offer.
Suddenly, myDirectors position is eliminated. I am given 1 days notice, and they are only offering 2 weeks severance.
Questions are:
Under what different legal statutes might I have legal recourse? - Since I was originally in New York (worked virtually for 1st month from there as well) - can I initiate an action in New York - and is there any advantage to that?
1 Answer from Attorneys
Claims: You may have a claim for negligent hiring and maybe breach of contract. Arizona law in this area is interesting. One case found breach of contract for failure to hire rather than just the equitable claim of estoppel (bound by promise even if no contract) and another found that the facts did not support a negligent hring claim but would have if the employee had given up good job elsewhere, moved, incurred moving expenses, etc. (in other words, your facts).
Jurisdcition: Unless there is a forum clause (i.e. a clause that says lawsuits in AZ), jurididiction is always an argument. Test is not best but fair and reasonable, claim arise out of the one transaction or co 'reach out' enough to create 'minimum contacts' with state. Can not really give you an answer on the NY jurisdiction or NY law on the contract and negligence claims, but I would not rule out NY jurisdiction and that would be a huge advantage for you.
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