Legal Question in Employment Law in Massachusetts

Employment

My husband applied for a job and was told from the company that they wanted to hire him. He already had a job as an owner operator, but he decided to take the job because then he could be home. The company that was going to hire him knew he had to turn his truck in and quit his job and get home. They asked him to be available for a certain date and he said ok. He quit the truck driving job and turned in his truck. The day before he was supposed to start work the company called and said they could no longer offer him the position. After that it took him 3 months to find another job. I am wondering if we have any legal standing and if so what we should do. We never could collect any sort of unemployment or anything because he was an owner operator. We did suffer financially ad still are trying to recoup after this. He was the major provider for our family and that was tough. He also lost the equity he had in the truck because it was a lease to own truck and we had already paid for 2 years. Any help or advice would be greatly appreciated.


Asked on 7/06/07, 11:52 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Employment

This is an interesting situation. You *may* have a possible case against this employer.

Although there did not exist (I assume) any contract for employment between your husband and this employer, the theory of 'promissory estoppel' or 'detrimental reliance' may allow your husband recovery in a situation like this. Basically it goes something like this: if you make a promise to someone knowing that they will likely change their position in reliance on your promise, and they do, you are not allowed to disavow the promise.

Please feel free to contact me if you would like me to review all of your documents and claims for a small consultation fee - and perhaps then take on your case against the employer.

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Answered on 7/07/07, 9:46 am


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