• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Negligent misrepresentation during hiring process

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bitwise

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


Hello,

I have consulted several attorneys regarding this and they all feel that I do not have a strong case because I do not have written records only phone conversations.
I was interviewing two different groups in the same company. I had an offer letter from one group. The second group during interview convinced me that they would proceed
with an offer however due to company policy I would have to decline the first one. They really really did convince that everything (including visa paperwork) looks good (I had several
phone conversation during the three days). So I decided to decline the first offer.

However, they haven't yet issued an offer letter (after a week) and moreover the deadline for visa paperwork is also expiring. I believe I was misrepresented (although over phone, I do not have any written emails).
I am not sure what to do? If they don't proceed with the visa paperwork quickly I would loose legal status and would have start pieces of my life all over again.

Is there any legal case that can be made here? Would really appreciate any advice on this.


Thanks.
 
Last edited:


Zigner

Senior Member, Non-Attorney
If several attorneys have told you that you don't have a case, then I suspect that you don't have a case.
 

Hot Topic

Senior Member
What is the name of your state (only U.S. law)? CA


Hello,

I have consulted several attorneys regarding this and they all feel that I do not have a strong case because I do not have written records only phone conversations.
I was interviewing two different groups in the same company. I had an offer letter from one group. The second group during interview convinced me that they would proceed
with an offer however due to company policy I would have to decline the first one. They really really did convince that everything (including visa paperwork) looks good (I had several
phone conversation during the three days). So I decided to decline the first offer.

However, they haven't yet issued an offer letter (after a week) and moreover the deadline for visa paperwork is also expiring. I believe I was misrepresented (although over phone, I do not have any written emails).
I am not sure what to do? If they don't proceed with the visa paperwork quickly I would loose legal status and would have start pieces of my life all over again.

Is there any legal case that can be made here? Would really appreciate any advice on this.


Thanks.

You seem very arrogant for a job hunter. YOU were interviewing two different groups?

What you "believe" is irrelevant. What matters is what is and isn't allowed by law.
 

Zigner

Senior Member, Non-Attorney
Why did you edit out the portion of your post where you said that several attorneys had told you that you didn't have a case? :rolleyes:
 

tranquility

Senior Member
You have a written offer which you gave a written rejection to because of a verbal understanding.

Even with proof of the phone conversations, I'm thinking you don't have a case.
 

swalsh411

Senior Member
A great example of "one in the hand beats two in the bush".

There are a multitude of possible reasons why you didn't get the second job. Until you have an offer letter you really have not been offered the position.
 

Beth3

Senior Member
I find it very peculiar that the one company said you'd have to decline the offer you had in-hand before they would make you an offer. I've never heard of such a policy and quite frankly, it really was none of their business. If a number of attorneys have advised you that you don't have a strong case (i.e. one where you are unlikely to prevail if you bring suit), then I don't see how anyone on a bulletin board can help you. You've already spoken to a variety of bonafide legal experts who are by far in the best position to advise you.
 

Betty

Senior Member
Agree with the other responders. If several attorneys already told you it seems you have no strong case, I don't see how any of us can tell you anything different. Sorry.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top