Legal Question in Employment Law in California

Can an employer retrieve the offer that has already been accepted by the applica

I accepted an offer from a cell phone company two months ago. Everything was great thereafter until last Friday I received a message from the company telling me that the position that I was offered was no longer available. I have stopped interviewing with other companies and declined all the other offers since I accepted theirs. More importantly, I have used their offer letters to apply for and get approved several loans and has spent most of them. What the company did has put me into a very difficult situation both financially and emotionally.

I called them that if they couldn't put me into another position, they need to compensate me. But they refused to do so.

My question is: can an employer retrieve the offer that has already been accepted by the applicant without any compensation? Especially when the applicant has spent a lot of money with the reliance upon the offer?

Thank you


Asked on 5/09/00, 7:02 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Can an employer retrieve the offer that has already been accepted by the app

You could have a claim if the loans were foreseeable in light of the agreement, for example, if the loans were to pay for a move required by the job.

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Answered on 7/01/00, 11:19 pm
Thomas Pavone Pavone & Cohen

Re: Can an employer retrieve the offer that has already been accepted by the app

Unless your offer was for a specific term, that is a specific start date with a specific end date, you would be an at-will employee, allowing the employer to terminate you at any time. Your choice to apply for loans based upon a job you have yet to start, will not give you a claim for damages against the employer.

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Answered on 6/28/00, 3:11 am


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