Legal Question in Employment Law in Tennessee

Breach of Contract?

Recently I went on an employment interview. This was set up through a recruiting firm that normally handles contract positions. Originally the position was supposed to be a permanent position. After the interview, the recruiter told me verbally over the phone that the employer had said they made an internal mistake and that they were interested in making an offer of employment, but that it had to be a six-month contract at a specified rate per hour. After discussing it with my girlfriend, I decided to accept. I called the recruiter and told them this. They in turn sent paperwork over to the potential employer. Now the potential employer refuses to sign the paperwork authorizing the hiring. This obviously stops me from moving and starting to work. Do I have any legal standing and/or recourse against either the potential employer or the recruiting agency? I do believe that the recruiting agency was acting in good faith with me. I also believe the hiring manager at the potential employer was acting in good faith with the understanding that he had approval from his higher-ups.


Asked on 5/19/01, 9:15 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Breach of Contract?

The answer to your question is probably not. However, the "probably" should be emphasized because from your description the only likely claim you have is for breach of contract and in this forum there is no way to review the contract or any of the writings at issue.

In general, the law in Tennessee is one of employment at-will. The extension of this is that an employer has the right to not hire you for any reason that is nondiscriminatory/nonretaliatory. The only other exceptions to this are contractual in nature and usually narrowly construed by the courts in this state. If you reasonably relied upon some sort of representation that you would be hired to your detriment in some way, then you may have a claim. If there was some writing of the commitment which stated your salary for a certain period of time (other than hourly) with no disclaimer language, then you may have a claim. Absent one of these situations, it is unlikely that you would have any legal claim for the job in question.

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Answered on 6/22/01, 1:46 pm


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