Legal Question in Employment Law in California
Declining an offer of work after originally accepting
There is a long description to this but what it boils down to is the following points: 1. I was approached by a executive recruiter working for a firm 2. I refused the initial offer not based on compensation but for personal reasons. 3. A month later another offer was made, at this time I accepted the offer. No contract was signed however I did send a letter of acceptance. This is not a contract position. 4. I left my then current place of employement in anticipation of starting the new job. 5. An opportunity came up that I was too good to pass up. One month before the start date of my new job I notified them I would not be starting at the position. 6. The recruiter (who was basically out of the loop after my acceptance) is now threating to sue me for breach of contract because the firm is not going to pay him.
I realize anyone can sue for anything, and I admit that I backed out of the employement offer, however does this give him a legal leg to stand on? The amount of fee that he is not being paid is over the small claims limit so I don't have much hope there.
If I had not accepted the offer at all he would have never been paid by the firm because he didn't successfully recruit me. Isn't this simply the cost of doing business for him?
I understand this is possibly complicated, and if I am sued I would need to contact a lawyer I just wanted a quick opinion.
1 Answer from Attorneys
Declining an offer of work after originally accepting
While I'm licensed in Tennessee and NOT California, and therefore am uncertain whether this is true there, in most states you would only have any liability to the recruiter if you had a contract with him or if you agreed to pay him.Since it sounds like that is not the case, in most states you could tell him to kiss-off.But since the law may well be different in California, you need to speak with a licensed attorney there who who have a practice including a focus on contracts or labor/management. How to find a lawyer for this? Contact ANOTHER recruiting agency and ask who represents them, then when you call that attorney the first thing you need to ask is whether he/she represents the recruiter involved in your case -- if so you have a conflict and need to continue looking.
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