Employment Contract Broken Before Employment Even Began

[maxim_311]

State: OREGON

I will attempt to keep this short.

-I am a temporary employee. I say freelancer, but I am W2 not 1099 whenever I work.
-I was interviewing with several companies, negotiating and planning which I would prefer to go to.
-After 2 weeks of negotiation/talking I agree to work for said company. They reply confirming/accepting my booking length and compensation via email.
-HR department sends me employee paperwork which I fill out, sign, email back, and they reply confirming having received my paperwork.
-Several days later I get an email from recruiter with whom I negotiated stating that the director of the project has decided to go another direction for my position and my services are no longer wanted.

So after the Time/Effort spent negotiating....the other jobs I turned down (and possible relationships damaged at those companies)...I am left without a job and a booking agreement that was essentially torn and thrown away.

Do I have any recourse? Any leg to stand on as far as being compensated in some way for the broken agreement? Because of this I not only lost income at the job in question...but also those other whom I turned down.

Thank you for any help.

 

[cbg]

Your state does recognize promissory estoppel for employment. However, it is NOT a sure thing.

It can do no harm to consult with an employment attorney. You have not won the lawsuit lottery. You will not be receiving a huge payout. You *might* be entitled to a small damage claim. It will be up to you to prove damages.

 

[maxim_311]

Your state does recognize promissory estoppel for employment. However, it is NOT a sure thing.

It can do no harm to consult with an employment attorney. You have not won the lawsuit lottery. You will not be receiving a huge payout. You *might* be entitled to a small damage claim. It will be up to you to prove damages.

Ok...thats good to know...Thank you.

I am not expecting/wanting a huge damage claim...Not trying to get lost income I would have made at the other companies or anything. In my head I would be happy with one weeks pay if I had been allowed to go and work for them. Again, I was booked for 3 weeks.

 

[maxim_311]

Searching for Promissory Estoppel in Oregon turned up this:

http://employmentlaw.sussmanshank.com/2013/03/20/oregon-employers-face-another-exception-to-at-will-employment/

Knowing this I'd imagine they'd be willing to settle as any attorney fees would far outweigh the one weeks pay settlement I would consider sufficient.

 

[BigMouthWino]

I would suggest you immediately file a claim for unemployment.

 

[cbg]

I read that exact same article. Before you go making demands, I strongly recommend that you talk to an attorney FIRST. The devil is in the details and there is NO guarantee that they will be willing to pay you anything just because you wave that article at them.

 

[maxim_311]

I read that exact same article. Before you go making demands, I strongly recommend that you talk to an attorney FIRST. The devil is in the details and there is NO guarantee that they will be willing to pay you anything just because you wave that article at them.

I will not demand anything or threaten a lawsuit in the phone call I am supposed to have with them soon. I will leave any "remedies" to the situation up to them. If they balk at the notion or offer an insufficient solution I will inform them that I need to "talk this over with people" before deciding how to proceed.

 

[BigMouthWino]

I will not demand anything or threaten a lawsuit in the phone call I am supposed to have with them soon. I will leave any "remedies" to the situation up to them. If they balk at the notion or offer an insufficient solution I will inform them that I need to "talk this over with people" before deciding how to proceed.

Just FYI you are not going to intimidate an employer with "I need to talk this over with people" or "my attorney said" or even "I'm going to sue you if you don't...."

The vast majority of employers are smart enough to know that anyone who makes the above statements doesn't have an attorney or "people to talk to." If they did, the attorney would be talking to the company; not you. This strategy will not advance your claim - it will push it backward.

 

[maxim_311]

Just FYI you are not going to intimidate an employer with "I need to talk this over with people" or "my attorney said" or even "I'm going to sue you if you don't...."

The vast majority of employers are smart enough to know that anyone who makes the above statements doesn't have an attorney or "people to talk to." If they did, the attorney would be talking to the company; not you. This strategy will not advance your claim - it will push it backward.

Its the last line I would even say, if I said it at all, before hanging up the phone. I didn't say "my people" thats stupid sounding. Would "seek counsel" or "talk to a lawyer" sound better to you?

How would handle the phone call if said employer was to call you to discuss the situation?

 

[cbg]

I already told you. I would have a consultation with an attorney to find out IF I had a claim BEFORE I talked to the employer. On the phone or any other way.

You don't seem to be grasping that, article aside, THIS IS NOT A SURE THING.

 

[BigMouthWino]

Its the last line I would even say, if I said it at all, before hanging up the phone. I didn't say "my people" thats stupid sounding. Would "seek counsel" or "talk to a lawyer" sound better to you?

How would handle the phone call if said employer was to call you to discuss the situation?

I would tell the employer that I believe I am entitled to three weeks compensation but would be willing to settle with them if they would pay me 1.5 weeks. If they agreed or offered me one week I'd take it and be happy. I'd also file and unemployment claim. I would not make any threats.

If I push you you're going to push me back and that is true of any negotiation. Don't make them erect walls. Try to be polite, professional and keep the lines of communication open. Even if you have to involve an attorney at some point you will find that you've aided yourself in that it won't "hurt" them to pay you money. To them right now this is just money - don't make it emotional.

 

[maxim_311]

I already told you. I would have a consultation with an attorney to find out IF I had a claim BEFORE I talked to the employer. On the phone or any other way.

You don't seem to be grasping that, article aside, THIS IS NOT A SURE THING.

Well I don't have time to speak with an attorney...we have a scheduled phone call for this evening...would you have me reschedule it and tell them I need to consult my attorney first?

I dont even want to go the legal route...I first want to see if I can simply get them to do the right thing and compensate me for breaking the agreement.

 

[BigMouthWino]

Well I don't have time to speak with an attorney...we have a scheduled phone call for this evening...would you have me reschedule it and tell them I need to consult my attorney first?

I dont even want to go the legal route...I first want to see if I can simply get them to do the right thing and compensate me for breaking the agreement.

See my reply above. Start with that tack and if you can't make something happen, remain friendly, polite and professional - get off of the phone and consult an attorney tomorrow.

 

[maxim_311]

I would tell the employer that I believe I am entitled to three weeks compensation but would be willing to settle with them if they would pay me 1.5 weeks. If they agreed or offered me one week I'd take it and be happy. I'd also file and unemployment claim. I would not make any threats.

If I push you you're going to push me back and that is true of any negotiation. Don't make them erect walls. Try to be polite, professional and keep the lines of communication open. Even if you have to involve an attorney at some point you will find that you've aided yourself in that it won't "hurt" them to pay you money. To them right now this is just money - don't make it emotional.

Thank you...this is exactly the approach I was planning on taking. I wasn't even gonna use words like "believe am entitled to". Im gonna be polite, respectful, and for the most part...let him do the talking.

 

[BigMouthWino]

Thank you...this is exactly the approach I was planning on taking. I wasn't even gonna use words like "believe am entitled to". Im gonna be polite, respectful, and for the most part...let him do the talking.

Excellent idea. And if the employer is also in Oregon I would record the call. If they're not in Oregon post the state and I'll tell you whether or not to record the call.