Legal Question in Employment Law in Florida

Hiring more people than positions?

I had agreed to accept a position with a new employer and advised that it was contingent on a clean background check and drug test. The company told me someone would call close to my start date to set up a time and date for these tests. I was also told that for the nearest training class, I would be the second backup. However, they offered a training class at a later time on a specific date. I took the latter and waited for them to call. As was mentioned in the hiring interview, I put in my two week's notice with my current employer. I never received a call from them, and my old position was already filled (civil service). I called my new employer and they said the training class I was scheduled for was canceled indefinitely and that there were no new training classes scheduled. They told me to call back next month, and in the meantime they gave me the main office number to seek temp. work; however, none was available.

I am now out of an old job, unemployment compensation (since I resigned), and a new job. Is there any legal recourse I have against my new employer?


Asked on 4/18/04, 1:46 pm

1 Answer from Attorneys

Re: Hiring more people than positions?

You may have a breach of contract claim for which you could sue for your lost wages. But I would need to review the facts and see the documentation you have before knowing exactly what was promised and whether a contract or other quasi-contract cause of action exists(such as "detrimental reliance" whereby you suffer a loss by justifiably relying on the promise of employment).

If you want to pursue it, please call me for a free consultation.

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.)

[email protected]

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.

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Answered on 4/19/04, 1:11 am


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