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Contract rescinded due to HR error

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qrstuv

Junior Member
What is the name of your state (only U.S. law)? - North Carolina

Here are the facts of the case:

I was offered a job to my previous employer via a staffing company (completed interviews on site with gaining company, etc).

I left the company approximately 1 year ago under a mutual separation agreement, of which I am eligible for re-hire/employment in 6 months. This is now 1 year later.

Background check came back clean.

All paperwork went to HR and the gaining team/hiring manager/staffing company were expecting me to start.

The day before the start date I was informed HR had called the hiring manager and told him I was ineligible for re-hire.

I called my former HR manager and they verified that there is nothing in my HR records or files that would prevent me from returning to the company.

As it stands the offer of employment was rescinded due to false information from the HR department.

I have since opened a case with their HR department and have spoken to them frequently. However I do not feel that they are acting with any sense of urgency as I am very passionate about the job I would potentially be working.

My questions:

Am I entitled to an explanation of why I am supposedly ineligible for employment even though I have verified myself that I am?

Worst case scenario - am I entitled to any compensation due to the HR error on the company's part?

Thanks in advance!
 


cbg

I'm a Northern Girl
1.) No.

2.) Not unless you had a bona fide, legally binding contract guaranteeing you employment.
 

qrstuv

Junior Member
2. Yes I had a signed employment contract at x wage for y months. The contract was based on the condition HR approves, but they disapproved based on false information.

And I should probably re-read the employment contract and actually locate the conditionality as that is word of mouth from the staffing company.
 

cbg

I'm a Northern Girl
If you had an actual CONTRACT (note; most employment offers are not contracts) then take it to an attorney in your state for review.
 

katmo7

Member
What was the specific error made? If the contract says upon approval of the HR department you need to find out the exact reasons why your offer was rescinded. They are legally required to do that.
 

qrstuv

Junior Member
Hi katmo7 (and cbg)!

The error made was that HR informed the hiring manager that I was ineligible for employment when in fact I am. I left the company under a mutual separation agreement a year ago, which itself does not contain any literature on ineligibility or otherwise (Ive read through it 5 times now).

I was assured at that time by all managers involved that I would be eligible for re-hire in 6 months (which has long passed), which was verified by HR myself. I have already verified with my HR manager that I am eligible for re-hire and that there is nothing in my HR records or file that would prevent me from being eligible for re-hire.

I have not been informed from HR at that company as to why I am ineligible (or why this mistake happened - assuming it is a mistake), and it has been well over a week. No one has contacted me about anything other than word of mouth of the offer being rescinded. I have made phone calls to the HR contact working this case nearly every day, but again, no reasoning provided.
 

cbg

I'm a Northern Girl
If the contract says upon approval of the HR department you need to find out the exact reasons why your offer was rescinded. They are legally required to do that.

Please post a link to the law that says so.
 

qrstuv

Junior Member
A member of my family is the VP of HR for a bank.

She has confirmed that yes, they are legally required to inform you why you are ineligible for employment after a contract has been offered and signed by the employee.
 

Zigner

Senior Member, Non-Attorney
A member of my family is the VP of HR for a bank.

She has confirmed that yes, they are legally required to inform you why you are ineligible for employment after a contract has been offered and signed by the employee.
Please post a link to the law that requires this.
 

cbg

I'm a Northern Girl
And I have been in HR for 30 years. Please post a link to the law that says so.
 

qrstuv

Junior Member
eerelations, For future reference I dont particularly care what you do or dont believe, just so you know.
 

eerelations

Senior Member
eerelations, For future reference I dont particularly care what you do or dont believe, just so you know.
The only reason I said that is that if you really were related to the HR VP of a bank, you'd be able to provide us with a link to the law that this imaginary person is telling you exists. Ergo, if you can't provide the link, the law doesn't exist, and neither does this imaginary relative.

(Anyway, why are you still posting this question around the net? You've been given the same good accurate answers everywhere you post, and still you want to argue about it? What's the point? Why don't you get a life and move on? Or at least pay an attorney to tell you the same things we've been telling you, and then move on? What's the point of continuing to argue with us about it?)
 

katmo7

Member
I'll take a look a little later online and post a link. I have the law in my HR book (bible)though and where I've worked we have always had to provide in writing to someone why an offer was rescinded. I'm pretty sure you are legally required. As you probably know this is required for example when a background check comes back and a Company refuses or rescinds an offer based on the results.
 
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