Legal Question in Employment Law in California

Rescinded job offer

I am a recent college grad who was offered a job with a renowned company. Now, after many months of delay, they say my position is no longer available due to bad market conditions and has told me my only option is to go into other service lines within the company but that I would have to re-interview and that there are very few open spots. This, or I would have to relocate - in which case, I would have to re-interview again and am not guaranteed a job still. I interviewed and did not get these other spots since there are many of us in the same boat. Do I have the right to receive some type of compensation for them rescinding my job offer? I was offered this job almost one year ago and now they are taking away all I have hoped for and was promised. The opportunity cost of this is enormous - I gave up other job offers, interviews, time, and ALL the resources I had access to while at school such as "Campus Recruiting." Do I have the right to severance pay? Any type of compensation for all the opportunity costs that I have incurred?


Asked on 12/01/99, 12:34 am

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Rescinded job offer

It does not sound like you have a very good case. However, some have successfully sued for withdrawn job offers but the successful cases usually involve someone who was induced to leave a secure job and spend money relocating, etc where the damages are easier to prove.

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Answered on 12/07/99, 12:20 am
Roger Renfro Renfro & Associates Law Corporation

Re: Rescinded job offer

This response assumes you live in California, and wanted to go to work for a California based employer. Generally, severance packages, special compensation packages, etc. are offered solely to employees, not prospective employees. Thus, unless there was something unusual about your "relationship" with this prospective employer, you probably do not have a right to the aforementioned. Notwithstanding the foregoing, if your prospective employer discriminated against you because of your race, religion, sex, sexual preference, etc., you may have a claim for damages, either in state or federal court. If you feel you have been discriminated against, you should explore these allegations of fact with an experienced, local employment lawyer. Otherwise, possibly unlike your other experiences in college, I suspect the lesson learned here will probably stick with you for quite some time in the future. In any event, good luck with your career.

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Answered on 12/02/99, 11:11 am


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