Legal Question in Employment Law in District of Columbia
letter of hire
My husband has been in a temp to permanent hire situation (hired by Manpower) to work for Carnegie Insitute in DC. Started in April with 6 month review in October and was offered a full-time position, with a letter of hire indicating that he would be made permanent effective Nov. 16 with Carnegie at a stated salary. On that date, my husband went to work as usual and asked what forms he needed to fill out for the permanent position and was told at that time that they did not have the money to make him a permanent employee. His contract with Manpower expired on Nov. 16. Although he was at work everyday, he was never told over the last month by anyone that his job was in jeopardy, although he consistly expressed his excitement at turning permanent. We are devastated as we just signed a contract on a house based on his new position. Do we have any recourse for financial loss incurred as a result of relying on this letter of hire to our detriment?
2 Answers from Attorneys
Re: letter of hire
The answer will require research to determine whether the letter of hire established a binding contract for hire. That said, there may be nothing to stop Carnegie from having terminated him the day after he was to assume the permanent position (thereby nullifying any damages), unless there was a "for cause" provision in the contract.
As for the contract on the house, it may come under "foreseeable damages" but that would have to be researched as well.
Re: letter of hire
The District of Columbia is what's called an employment at will jurisdiction which as a practical matter means that an employee working without the protection of a contract or collective bargaining type of agreement can be fired(or not hired) for almost any reason which doesn't violate federal(or local D.C.)anti-discrimination laws.
The "letter of hire" which you've described would
not appear to have been a contract and therefore
would mean nothing in terms of conferring upon a prospective hiree such as your husband a right of recourse against the employer in the event that he in fact was not hired. These kinds of letters are sent out all the time by various organizations in the District of Columbia, many of which are government-funded or partially funded, and when the funding suddenly dries up, unfortunately, so do the proffered jobs. Needless to say, noone should ever incur a serious financial obligation such as a mortgage on a house based upon the kind of letter which you've described. It's far more prudent(and less costly) to wait until one first actually has the job and then passed the required probationary period before even beginning to think about taking on such an obligation.
As to what your husband's recourse might now be, given the foregoing, it would be my considered
legal opinion that it is zero. Nada. No research
required on this one.