Legal Question in Employment Law in Massachusetts

Re: Hired a Candidate in Error

In the past, I might have told you that there was not a great deal to be concerned about -- primarily because, in an at will employment state (which we are), you are free to terminate an employee for most any reason. The theory was widely understood to apply also to withdrawing offers of employment. In a recent Superior Court decision, however, the Court held that an employee who relied on a promise of employment (i.e. quit their old job), could recover against an employer who withdrew the offer, but only if the new employer had made some sort of misrepresentation to the prospective employee. Based on the limited facts presented, I can't tell you how concerned (or unconcerned) to be, but it is likely an issue that the company should review with employment counsel.

Evan