Legal Question in Employment Law in California

Hello.

You might have a legitimate claim for fraud/misrepresentation if there is evidence that the employer knew that the offer will be retracted or knew that they cannot in good faith make the offer but they made it anyway, inducing you to rely on it and accept it to your detriment.

Thanks,

Arkady Itkin

San Francisco Employment Lawyer

http://www.arkadylaw.com

Will your old employer take you back? If not, you would have been damaged based upon the company's intentional/negligent misrepresentation.

If you actually have what amounts to a written contract with an offer and an acceptance, then you may be able to succeed in a claim of breach of agreement, or even fraud. Those are never easy claims, but with proper support, they can be won. As you can guess, my advice is to get an employment law attorney to handle this, unless you feel competent to do so yourself. However, immediately try to get back your old job - negotiate hard to avoid the financial damage of being unemployed, which is the damage you would be suing for if forced into a lawsuit. Also, try to negotiate a settlement with the defaulting prospective employer, to pay you something. If serious about getting counsel, feel free to contact me.

California Labor Code section 970 specifically provides relief for the kind of action your newest employer took. Definitely get on the phone with employment attorneys in your area to talk about your case. I would recommend that you go to the California Employment Lawyer's Association's website, CELA.org and click on "Member Search" to find lawyers in your area.

Ari