Legal Question in Employment Law in Florida
Employer withdrawing a job offer based on GPA?
I am a college student and I have been searching for a co-op/internship with differnt companies around the United States. It was pretty promising that I was giong to get a job with a certain company in Florida. After having a phone interview with the HR rep and telling him that my GPA was, to my knowledge, 2.7, he asked me to send in my transcripts. I did, and the next day he sent me a letter offering me a job. I accepted, and faxed the signed contract back to him. Several days later, after he reviewed my transcripts (which, to me, he should have done before sending me the job offer), he called and informed me that my GPA was a 2.5 and that he was willing to look over the fact for one semester, but if I wanted to return to the company for a second semester, I would have to bring my GPA up. Then, about two weeks after I accepted the job offer and after the ''Management Review'' process, he called me and informed me that my GPA was too low, and that he will have to revoke the job offer. Is this legal?? I never knowingling ''misrepresented'' any information.
2 Answers from Attorneys
Re: Employer withdrawing a job offer based on GPA?
It is legal, but you still might have some recourse. First, you said you signed a contract. Depending on what it said, you might have a claim for breach.
Second, if you gave anything up in reliance on the job, such as another job offer, then you may have a claim for damages.
I would need more information before I could tell if you have a legitimate case. Feel free to call for a complimentary consultation. I'll be glad to review the facts with you and give you my opinion.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
Re: Employer withdrawing a job offer based on GPA?
If you signed a written contact that guaranteed you employment beginning and ending on a stated date, and setting forth your rate of pay, then your employer might not have been allowed to "revoke." However, absent these essential terms in a written contract signed by both parties, your employer was free to terminate the relationship at any time for any reason.