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Is this breach of employment contract? Was told I would have job and now I do not

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catchjeff

Junior Member
What is the name of your state (only U.S. law)? New Jersey

Basically my question is can I seek damages for breach of employment contract. I was told I was given the job but now after 3 weeks they have decided not to keep me on as an employee once they reopened the restaurant? I am deeper into debt now that I do not have the job.

I was working at a restaurant that was being taken over by another restaurant. Me and my fellow employees had a meeting at the restaurant with the new owners before the take over happened. We were all told that we would all have jobs in our current positions when they opened up the new restaurant. We were told that the restaurant would be down for business for 2 to 3 weeks while they renovated and we would work in the restaurant once they opened up. In the meantime we were also given the choice of staying with our current company and transfer to another location. A few weeks after this hmeeting took place one of the owners came into the restaurant and we were talking and he mentioned that he was keeping everyone that wanted to stay on for employment to me. I told him I was looking forward to working for him.

Fast forward a month and our restaurant closed down and the ownership of the liquor license was transferered to the new owners so we had to close down which meant I was out of a job but I knew that I would be working for the new owners in 2 to 3 weeks so I did not take the offer to transfer to one of the former employeers locations. I knew I would be out of work for 2 to 3 weeks and I made plans and saved up enough money to support myself until I returned to work for the new owners. I tried to contact the new owners several time while I was unemplyeed but I did not get a return call or email from them. It has been 3 weeks since the restaurant closed and still have not heard from the new owners yet. I am now out of funds to support myself and now it turns out that the new owners do not plan on keeping us on as employees so now I am out of a job.

My question is do I have course for a civil suit for breach of contract now that they will not be hiring us? Do I have grounds to seek damages from them because it has been past the 3 weeks I was told they would be closed and they will not keep us on as employees and now it is going to take me time to seek employment elsewhere along with the time it is going to take to train and start to earn money?

Thank you for yourt time,

Jeff
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New Jersey

Basically my question is can I seek damages for breach of employment contract. I was told I was given the job but now after 3 weeks they have decided not to keep me on as an employee once they reopened the restaurant? I am deeper into debt now that I do not have the job.

I was working at a restaurant that was being taken over by another restaurant. Me and my fellow employees had a meeting at the restaurant with the new owners before the take over happened. We were all told that we would all have jobs in our current positions when they opened up the new restaurant. We were told that the restaurant would be down for business for 2 to 3 weeks while they renovated and we would work in the restaurant once they opened up. In the meantime we were also given the choice of staying with our current company and transfer to another location. A few weeks after this hmeeting took place one of the owners came into the restaurant and we were talking and he mentioned that he was keeping everyone that wanted to stay on for employment to me. I told him I was looking forward to working for him.

Fast forward a month and our restaurant closed down and the ownership of the liquor license was transferered to the new owners so we had to close down which meant I was out of a job but I knew that I would be working for the new owners in 2 to 3 weeks so I did not take the offer to transfer to one of the former employeers locations. I knew I would be out of work for 2 to 3 weeks and I made plans and saved up enough money to support myself until I returned to work for the new owners. I tried to contact the new owners several time while I was unemplyeed but I did not get a return call or email from them. It has been 3 weeks since the restaurant closed and still have not heard from the new owners yet. I am now out of funds to support myself and now it turns out that the new owners do not plan on keeping us on as employees so now I am out of a job.

My question is do I have course for a civil suit for breach of contract now that they will not be hiring us? Do I have grounds to seek damages from them because it has been past the 3 weeks I was told they would be closed and they will not keep us on as employees and now it is going to take me time to seek employment elsewhere along with the time it is going to take to train and start to earn money?

Thank you for yourt time,

Jeff
File for unemployment. You have no civil suit.
 

catchjeff

Junior Member
Thank you for the quick reply. I cannot collect UI because I already have a fulltime job. Thjs was my second fulltime job and I cannot collect. Looks like I will just lose my car, apartment and go to a shelter since I have no money. You see all the money I make from my first job goes tk my wife per our civil agreement for our kids care. Oh well that is how life goes I guess.

Thanks again.
 

Zigner

Senior Member, Non-Attorney
Thank you for the quick reply. I cannot collect UI because I already have a fulltime job. Thjs was my second fulltime job and I cannot collect. Looks like I will just lose my car, apartment and go to a shelter since I have no money. You see all the money I make from my first job goes tk my wife per our civil agreement for our kids care. Oh well that is how life goes I guess.

Thanks again.
Perhaps you should have transferred to one of the other locations. Perhaps you still can...
 

commentator

Senior Member
Quote:"My question is do I have course for a civil suit for breach of contract now that they will not be hiring us? Do I have grounds to seek damages from them because it has been past the 3 weeks I was told they would be closed and they will not keep us on as employees and now it is going to take me time to seek employment elsewhere along with the time it is going to take to train and start to earn money?"


The only recourse you have in this situation is unemployment insurance. If you are employed full time elsewhere, you still should file the claim from this restaurant here and get a decision. You'll be "monetarily ineligible" if you are working somewhere else and making more than you can draw in weekly benefits, but do it anyway. This will set you up if there is ever a glitch with the job you are on now.

But seriously, a restaurant job, of which there are several out there, and you want to sue them? First of all, of course you can't, because there's no law saying they can't do this, you have no "contract' that says they can't have you out of work for a short period of time, and unemployment insurance is the venue that deals with this anyway.

But since you were willing to sue somebody about one thing, before you consider wasting time effort and energy suing somebody for taking away your job, which you would certainly have to hire an attorney for, why don't you hire an attorney and ask for a redetermination of your child support based upon your new circumstances?
 
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